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U.S. Court of Appeals for the Eleventh Circuit, 2005

John Michal Arwood v. City of Coral Gables

John Michal Arwood v. City of Coral Gables
U.S. Court of Appeals for the Eleventh Circuit · Decided August 12, 2005 · Tjoflat, Dubina, Black
140 F. App'x 927

John Michal Arwood v. City of Coral Gables

Opinion

PER CURIAM.

Appellants appeal the district court’s grant of the City of Coral Gables’ motion to dismiss their complaint. After reviewing the briefs and record on appeal, we affirm for the reasons stated in the district court’s well-reasoned order dated May 14, 2003. 1

AFFIRMED.

1

. We reject Appellants’ contention the district court erred by considering facts developed in Allocco v. Coral Gables, 221 F.Supp.2d 1317 (S.D.Fla. 2002), aff'd 88 Fed.Appx. 380 (Table) *928 11 1th Cir. 2003), in deciding the motion to dismiss, thus converting the motion to dismiss into a summary judgment motion. The district court considered facts from Allocco as they were identical to the allegations in the Arwood complaint or were relevant to the determination of whether there was any set of facts that could enable Appellants to amend their complaint to successfully withstand a motion to dismiss.

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