Austin v. Clark
| Docket Number | S13G1590 |
| Decision Date | 10 March 2014 |
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76 cases
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TMX Fin., LLC v. Goldsmith
...doubts regarding such pleadings must be resolved in the filing party's favor.(Citation and punctuation omitted.) Austin v. Clark , 294 Ga. 773, 774-775, 755 S.E.2d 796 (2014). See OCGA § 9-11-12 (b) (6). The same standard applies to a motion for judgment on the pleadings, where, as here, "t......
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U-Haul Co. of Ariz. v. Rutland
...will sustain a grant of relief to the plaintiff, the complaint is sufficient.(Citations and punctuation omitted.) Austin v. Clark , 294 Ga. 773, 774-775, 755 S.E.2d 796 (2014). We review de novo a trial court’s ruling on a motion to dismiss. Walker Co. v. Tri-State Crematory , 292 Ga. App. ......
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Norman v. Xytex Corp.
...423.4 In reviewing such a motion, any doubts regarding the complaint must be construed in favor of the plaintiff. Austin v. Clark , 294 Ga. 773, 775, 755 S.E.2d 796 (2014). "To state a claim sounding in tort upon which relief may be granted, a complaint must identify (1) a legal duty the de......
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Mbigi v. Wells Fargo Home Mortg.
...will sustain a grant of relief to the plaintiff, the complaint is sufficient.” (Citation and punctuation omitted.) Austin v. Clark, 294 Ga. 773, 775, 755 S.E.2d 796 (2014). On appeal, this Court “review[s] de novo a trial court's determination that a pleading fails to state a claim upon whi......
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3 books & journal articles
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Initial Pleading
...the substantive law that drives what facts must be pled.” 128 requirements of their own analogs to Federal Rule 8.”); Aust in v. Clark, 755 S.E.2d 796, 799-800 (Ga. 2014) (reversing the dismissal of a complaint when it was not certain that the plaintiff “would not be entitled to relief unde......
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Table of Cases
...Cir. 2012), 144 Auraria Student Hous. at the Regency v. Campus Vill. Apartments, 843 F.3d 1225 (10th Cir. 2016), 158 Austin v. Clark, 755 S.E.2d 796 (Ga. 2014), 199 , 270 Austin v. McNamara, 731 F. Supp. 934 (C.D. Cal. 1990), aff’d , 979 F.2d 728 (9th Cir. 1992), 155 308 Proof of Conspiracy......
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Local Government
...359 Ga. App. at 823-24, 860 S.E.2d at 115.66. Id. at 826, 860 S.E.2d at 117.67. Id. at 827-28, 860 S.E.2d at 118 (quoting Austin v. Clark, 294 Ga. 773, 775, 755 S.E.2d 796, 798-99 (2014)).68. Parr, 359 Ga. App. at 826-27, 860 S.E.2d at 117. 69. O.C.G.A. § 36-33-5 (2022).70. O.C.G.A. § 36-11......