I filed a lawsuit against my bank for turning over my deposits to the IRS without a court order. I my cause of action was breach of contract and fiduciary duty. My complaint had every element for each cause of action.

The bank did not file an answer. Instead, the bank filed the motion above and instead of attacking the sufficiency of the complaint for the claims, it argued an affirmative defense of statutory immunity, but presented no evidence upon which the immunity was based (does not exist and it would have discovered that had it conducted reasonable care in its fiduciary duty).

The court granted the motion to dismiss the bank has immunity with absolutely no evidence whatsoever.

I am in the process of structuring my appeal on the grounds that the court erred in granting the motion to dismiss for failure to state a claim on an argument of immunity in that immunity is an affirmative defense that should have been joined in an answer whereby the Defendant has the burden of persuasion.

Am I on the right track? Any input would be appreciated.

Hello this is just a stab at your question but I would suggest that you go to the bank manager and get a copy love your signature card and read all of the agreements that goes along with your signature card this might be I opening just a suggestion.

Was this the only cause of action in your complaint?

Yes....Breach of Contract and Fiduciary duty were the only causes of action.