What do u sue under. When failure to state a claim is grated

by Walker_1776 » Mon May 13, 2013 07:08 pm

Insurance company has been granted a motion to dismiss. Under City Ambulance of Ala., Inc vs Hayes Ambulance of Ala., 431 So. 2d 537 (Ala.1983). They say Day vs AmSouth Bank,472 So. 2nd 637 (Ala. 1985) gives them the ok

Total Comments: 2

Posted: Tue May 14, 2013 07:40 am Post Subject:

What are we suppose to do over here? Pass a judgement?

Posted: Thu May 16, 2013 04:04 pm Post Subject:

Insurance company has been granted a motion to dismiss.

If you believe the court erred in granting the motion to dismiss, you need to timely file an appeal in the appropriate forum. Failure to timely file will cause you to lose even if you would have won a remand for trial on the matter.

As for your citations of case law, they are meaningless in the absence of the facts of the case. The court heard the facts and made a decision. We here have heard no facts and are asked to give an opinion? Please!

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