Williams v. Sebring Housing & Development

Florida District Courts of Appeal
Williams v. Sebring Housing & Development, 723 So. 2d 359 (1998)
1998 Fla. App. LEXIS 15988; 1998 WL 889280
Casanueva, Quince, Threadgill

Williams v. Sebring Housing & Development

Opinion of the Court

CASANUEVA, Judge.

The Williamses appeal a final order dismissing, with prejudice, their initial verified complaint against Sebring Housing and Development Authority, their landlord, and the landlord’s manager, Parent Management Company, Although the trial court was correct to dismiss the complaint as pleaded, we reverse the dismissal because it was done with prejudice. At this stage of the proceeding, it cannot be said that the Williamses could not plead circumstances that would entitle them to relief. See Hajec v. Town of Medley, 189 So.2d 835 (Fla. 3d DCA 1966); Matthews v. Matthews, 122 So.2d 571 (Fla. 2d DCA 1960). The Williamses should be given the opportunity to submit an amended complaint, if they are able to do so, that properly sets forth the elements of a cause of action. See Plant v. Decker, 486 So.2d 37 (Fla. 2d DCA 1986).

*360Affirmed in part; reversed in part; and remanded for further proceedings.

THREADGILL, A.C.J., and QUINCE, J., Concur.

Reference

Full Case Name
Mary WILLIAMS and Herman Williams, as the natural guardians of Mark Williams, a minor v. SEBRING HOUSING AND DEVELOPMENT, d/b/a Martin Luther King Terrace, a Florida corporation Parent Management Company, a Florida corporation
Cited By
2 cases
Status
Published