Florida District Courts of Appeal, 1983

Hemisphere Warehouses, Inc. v. Cayhold Ltd.

Florida District Courts of Appeal · Decided October 11, 1983 · Ferguson, Hendry, Schwartz

438 So. 2d 988; 1983 Fla. App. LEXIS 24507 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Chinigo v. Marine Dynamics, Inc. (Fla. Dist. Ct. App. 2002)

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

PER CURIAM.

We agree that the complaint herein was properly dismissed for failure to state a cause of action but think that leave to amend should have been granted as it appears that the deficiency is curable by amendment. Leave to amend a complaint should be freely given when justice so requires. Fla.R.Civ.P. 1.190(a). But cf. De-Maris v. Asti, 426 So.2d 1153 (Fla. 3d DCA 1983) (leave to amend need not be granted when it is clear that the pleading deficiency is one which cannot be cured by amendment).

Reversed and remanded.

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