Florida District Courts of Appeal, 1980

Garrett v. Roca

Garrett v. Roca
Florida District Courts of Appeal · Decided November 12, 1980 · Hendry, Nesbitt, Schwartz
390 So. 2d 146; 1980 Fla. App. LEXIS 18094 (Southern Reporter, Second Series)

Garrett v. Roca

Opinion of the Court

PER CURIAM.

Reversed, and remanded with leave to amend appellants’ complaint. See Plyser v. Hados, 388 So.2d 1284 (Fla.3d DCA 1980).

Dissenting Opinion

SCHWARTZ, Judge

(dissenting in part).

I believe the complaint, as it stands, more than adequately alleges a cause of action against the individual defendants. Avila South Condominium Ass’n. v. Kappa Corp., 347 So.2d 599 (Fla. 1977); B & J Holding Corp. v. Weiss, 353 So.2d 141 (Fla.3d DCA 1977). I would therefore reverse the judgment below outright and remand for further proceedings without the requirement of amendment.

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