United States Eleventh Circuit

In an embezzlement action, the district court's dismissal is vacated where although plaintiffs- complaint fails as a matter of law, the court erred in ruling that the trustee had no standing to pursue the claim and under Pitt, granting leave to amend would not be futile.

Appellate Information

• Decided 11/14/2003
• Published 11/14/2003

Judges

• CUDAHY, Circuit Judge:, Before TJOFLAT, ANDERSON and CUDAHY , Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Michael Charles Skotnicki,Haskell, Slaughter, Young & Rediker, LLC, Birmingham, AL, Michael C. Addison, Addison & Delano, P.A., Tampa, FL, for Plaintiffs-Appellants.


• For Appellees:
  
• J. Andrew Meyer, Gary L. Sasso, Carlton, Fields, Ward, Emmanuel, Smith & Cutler P.A., Saint Petersburg, FL, for Defendant-Appellee.