Florida District Courts of Appeal, 1986

Raben-Pastal v. City of Coconut Creek

Raben-Pastal v. City of Coconut Creek
Florida District Courts of Appeal · Decided June 11, 1986 · Anstead, Dell, Walden
490 So. 2d 975; 11 Fla. L. Weekly 1320; 1986 Fla. App. LEXIS 8251 (Southern Reporter, Second Series)

Raben-Pastal v. City of Coconut Creek

Opinion of the Court

PER CURIAM.

AFFIRMED.

ANSTEAD and DELL, JJ., concur. WALDEN, J., dissents with opinion.

Dissenting Opinion

WALDEN, Judge,

dissenting:

In my opinion the trial court abused its discretion in refusing leave to plaintiff to amend its complaint again so as to state a cause of action against the councilmen of the City of Coconut Creek. Adams v. Knabb Turpentine Co., Inc., 435 So.2d 944 (Fla. 1st DCA 1983); Penn Cork and Closures, Inc. v. Piggyback Shippers Assoc. of Florida, Inc., 281 So.2d 46 (Fla. 3d DCA 1973). I suggest this because there was no showing that the allowance of such amendment would cause prejudice to the defendants and because plaintiffs newly-retained counsel, obviously acting in good faith, should have at least an opportunity (this would be basically the third attempt made by plaintiff) to plead a cause of action that would survive a motion to dismiss. Wack-enhut Protective Systems v. Key Biscayne Commodore Club Condominium I, Inc., 350 So.2d 1150 (Fla. 3d DCA 1977). See also Alvarez v. DeAguirre, 395 So.2d 213 (Fla. 3d DCA 1981); Penn Cork and Closures, Inc., supra.

I would reverse and remand.

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