Legal Question in Civil Litigation in Georgia

What is the Case law or Federal Rule that states: In a Motion to Dismiss, direct evidence that is contrary (100% clear) to facts laid forth in a Complaint survives the Motion to Dismiss? I need this citation desparately! I have seen it somewhere and cannot find it again.


Asked on 1/17/12, 10:32 am

1 Answer from Attorneys
S. Carlton Rouse Rouse & Co., LLC

Not sure if you are an attorney or proceeding pro se. If it is the former, consider this a professional courtesy...you can contact me later to buy me a cup of coffee. If it is the latter, I suggest that you contact a law firm to assist you in your case. The issues are only going to become more complex as your case develops.

Here is a useful case from the Ga Court of Appeals: Ware v. Fidelity Acceptance Corp., 225 Ga.App. 41, 44; 482 S.E.2d. 536 (1997).

Best of luck,

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Answered on 1/17/12, 10:40 am


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