Florida District Courts of Appeal, 1985

Manzur v. Greyhound Rent-A-Car, Inc.

Manzur v. Greyhound Rent-A-Car, Inc.
Florida District Courts of Appeal · Decided December 17, 1985 · Barkdull, Ferguson, Hendry
479 So. 2d 854; 11 Fla. L. Weekly 22; 1985 Fla. App. LEXIS 17376 (Southern Reporter, Second Series)

Manzur v. Greyhound Rent-A-Car, Inc.

Opinion of the Court

PER CURIAM.

The trial court abused its discretion in failing to permit the appellant to file a second amended complaint which alleged that the plaintiff was induced to not read an agreement by representations which were contrary to the terms of the written agreement. The allegations are sufficient to withstand a motion to dismiss. Allied Van Lines, Inc. v. Bratton, 351 So.2d 344 (Fla. 1977); All Florida Surety Company v. Coker, 88 So.2d 508 (Fla. 1956); Osborne v. Delta Maintenance and Welding, Inc., 365 So.2d 425 (Fla.2d DCA 1978); Rule 1.190 Florida Rules of Civil Procedure. She should have been permitted to file the second amended complaint.

Reversed and remanded.

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