Florida District Courts of Appeal, 1991

Corporate Center Associates, Inc. v. Singer

Corporate Center Associates, Inc. v. Singer
Florida District Courts of Appeal · Decided August 6, 1991 · Barkdull, Gersten, Levy
584 So. 2d 119; 1991 Fla. App. LEXIS 8143; 16 Fla. L. Weekly Fed. D 2057 (Southern Reporter, Second Series)

Corporate Center Associates, Inc. v. Singer

Opinion of the Court

PER CURIAM.

Appellant, Corporate Center Associates, Inc., appeals the dismissal with prejudice of its complaint to recover proceeds from a lease agreement. We reverse and remand.

Appellant’s first amended complaint was dismissed for failure to state a cause of action. We reverse because we find that the complaint contained sufficient allegations to maintain a cause of action.

A trial court abuses its discretion in dismissing a complaint with prejudice, without giving leave to amend, except where “there has been an abuse of the amendment privilege, or the complaint shows on its face that there is a deficiency which cannot be cured by amendment.” Affordable Homes v. Devil’s Run, Limited, 408 So.2d 679 (Fla. 1st DCA 1982).

*120Accordingly we reverse and remand for further proceedings.

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