Quinlan v. Mott

Florida District Courts of Appeal September 6, 1979

Quinlan v. Mott, 375 So. 2d 589 (1979)

1979 Fla. App. LEXIS 15475

Beranek, Dauksch, Downey, James, John

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.

Reference

Full Case Name: Mary QUINLAN and Raymond Quinlan, her husband v. Stanley MOTT, as Father and Natural Guardian of John Mott, a minor, the Edward J. DeBartolo Corporation, d/b/a Altamonte Mall, Appellees Ann WELTMAN and Frank Weltman, her husband v. Stanley MOTT, as Father and Natural Guardian of John Mott, a minor, and the Edward J. DeBartolo Corporation, a foreign corporation, d/b/a Altamonte Mall
Cited By: 2 cases
Status: Published