Florida District Courts of Appeal, 1979

Quinlan v. Mott

Florida District Courts of Appeal · Decided September 6, 1979 · Beranek, Dauksch, Downey, James, John

375 So. 2d 589; 1979 Fla. App. LEXIS 15475 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Davis v. Sun First Nat. Bank of Orlando (Fla. Dist. Ct. App. 1981)
GM Drug Co. v. Taylor (Fla. Dist. Ct. App. 1982)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

DAUKSCH, Judge.

This is an appeal from an order dismissing a complaint without leave to amend. It is apparent the deficiencies in the complaint can probably be cured by amendment without any essential departure from the facts already alleged. Thus, although the trial court correctly granted the appellee’s motion to dismiss, the order should have been with leave to amend. Florida Rules of Civil Procedure 1.190. Petterson v. Concrete Construction, Inc., 202 So.2d 191 (Fla. 4th DCA 1967).

REVERSED and REMANDED.

DOWNEY, JAMES C., and BERANEK, JOHN R., Associate Judges, concur.

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