John Michal Arwood v. City of Coral Gables

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
FILED
No. 03-13795 U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
Non-Argument Calendar August 12, 2005
________________________ THOMAS K. KAHN
CLERK
D. C. Docket No. 02-20778-CV-ASG
JOHN MICHAEL ARWOOD,
MARY LONG, et.al,
Plaintiffs-Appellants,
versus
CITY OF CORAL GABLES,
a municipality,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(August 12, 2005)
Before TJOFLAT, DUBINA and BLACK, Circuit Judges.
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 F. Appx. 380 (Table)
(11th 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.
2