Jones v. City of Homestead

Florida District Courts of Appeal
Jones v. City of Homestead, 408 So. 2d 618 (1981)
1981 Fla. App. LEXIS 22008
Hubbart, Jorgenson, Schwartz

Jones v. City of Homestead

Opinion of the Court

PER CURIAM.

Rudolph Jones appeals from an adverse summary judgment and from a subsequent denial of his motion to amend his complaint. We reverse. The summary judgment herein was based entirely on the plaintiff’s failure to state a cause of action against the City of Homestead in his complaint and, under the circumstances, it was reversible error for the trial court to deny the plaintiff an opportunity to cure this pleading defect by filing an amended complaint. Hart Properties, Inc. v. Slack, 159 So.2d 236 (Fla. 1963); Purinson v. Antenna Specialists, Co., 408 So.2d 618 (Fla.3d DCA 1981); Plyser v. Hados, 388 So.2d 1284 (Fla.3d DCA 1980).

Reversed.

Reference

Full Case Name
Rudolph JONES v. CITY OF HOMESTEAD, a Municipal Corporation
Cited By
1 case
Status
Published