Plant v. Decker
Plant v. Decker
Opinion of the Court
The appellants seek review of an order dismissing their amended complaint without leave to amend. We reverse.
Leave to amend should not be denied unless the privilege has been abused or the complaint is clearly not amendable. Osborne v. Delta Maintenance & Welding, Inc., 365 So.2d 425 (Fla. 2d DCA 1978). Neither of those circumstances is present in this case. Although parents have no right of action for the wrongful death of a stillborn fetus,
Reversed and remanded.
. Stern v. Miller, 348 So.2d 303 (Fla. 1977).
Reference
- Full Case Name
- Sherry PLANT and Todd Plant v. Lawrence DECKER, D.O., Stephen Coleman, D.O.
- Cited By
- 3 cases
- Status
- Published