Florida District Courts of Appeal, 1979

Beauregard v. City of Miami

Beauregard v. City of Miami
Florida District Courts of Appeal · Decided May 29, 1979 · Hubbart, Pearson, Schwartz
371 So. 2d 233; 1979 Fla. App. LEXIS 15083 (Southern Reporter, Second Series)

Beauregard v. City of Miami

Opinion of the Court

PER CURIAM.

The order dismissing the appellant’s complaint with prejudice is reversed and the cause remanded to the trial court with directions to dismiss the said complaint with leave to amend based on the authority of Commercial Carrier Corp. v. Indian River County, 371 So.2d 1010 (Fla. 1979); Blackburn v. Dorta, 348 So.2d 287 (Fla. 1977); Petterson v. Concrete Construction, Inc., 202 So.2d 191, 197-98 (Fla. 4th DCA 1967); Fla.R.Civ.P. 1.190(a). Save for the failure to allege proper notice to the appellee pursuant to Section 768.28(6), Florida Statutes (1977), which omission could be cured upon proper amendment, it is our view that the complaint herein states a proper cause of action sounding in negligence against the appellee. It was, accordingly, reversible error to dismiss the appellant’s complaint with prejudice.

Reversed and remanded.

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