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Brett v. Toyota Motor Sales, U.S.A., Inc.

United States District Court, M.D. Florida, Orlando Division
Sep 15, 2008
Case No. 6:08-cv-1168-Orl-28GJK (M.D. Fla. Sep. 15, 2008)

Summary

finding that where it was clear on the face of the complaint that an express contract existed the plaintiff was required to plead that no adequate remedy at law existed

Summary of this case from Begualg Inv. Mgmt. Inc. v. Four Seasons Hotel Ltd.

Opinion

Case No. 6:08-cv-1168-Orl-28GJK.

September 15, 2008


ORDER


This case is before the Court on Defendant's Motion to Dismiss (Doc. No. 25) filed September 10, 2007. The United States Magistrate Judge has submitted a report recommending that the motion be granted.

After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows:

1. That the Report and Recommendation filed August 29, 2008 (Doc. No. 76) is ADOPTED and CONFIRMED and made a part of this Order.

2. Defendant's Motion to Dismiss (Doc. No. 25) is GRANTED and the Complaint (Doc. No. 1) is dismissed.

3. Plaintiff is granted leave to file an amended complaint but must do so within eleven (11) days from the date of this Order. DONE and ORDERED in Chambers, Orlando, Florida.


Summaries of

Brett v. Toyota Motor Sales, U.S.A., Inc.

United States District Court, M.D. Florida, Orlando Division
Sep 15, 2008
Case No. 6:08-cv-1168-Orl-28GJK (M.D. Fla. Sep. 15, 2008)

finding that where it was clear on the face of the complaint that an express contract existed the plaintiff was required to plead that no adequate remedy at law existed

Summary of this case from Begualg Inv. Mgmt. Inc. v. Four Seasons Hotel Ltd.

applying Florida law

Summary of this case from Beeney v. FCA U.S., LLC
Case details for

Brett v. Toyota Motor Sales, U.S.A., Inc.

Case Details

Full title:DEREK B. BRETT, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED…

Court:United States District Court, M.D. Florida, Orlando Division

Date published: Sep 15, 2008

Citations

Case No. 6:08-cv-1168-Orl-28GJK (M.D. Fla. Sep. 15, 2008)

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