VERMONT MUTUAL INSURANCE COMPANY, APPELLANT,
v.
NORMAN C. CUMMINGS AND VIRGINIA R. CUMMINGS, APPELLEES

Fla. 2d DCA | 1979-07-06
No. 78-2121
BOARDMAN; Acting C. J., and SCHEB, J., concur.
372 So. 2d 990 Florida District Court of Appeal, Second District (1979) Caution
Cited by 6 cases
Topics
Pleading Sufficiency Leave To Amend Indemnity

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Opinion of the Court
OTT, Judge.

OTT, Judge.

Appellant sued for indemnification alleging settlement of a previous tort action. Appellees’ motion to dismiss was granted with prejudice.

We think the dismissal was warranted on the ground that the complaint fails to allege sufficient ultimate facts to show the relationship of the parties, the basis of liability and the amount of damages.

However, the law encourages liberality in permitting amendments to pleadings unless it is clearly made to appear that the deficiencies of the pleading cannot be cured. Hansen v. Central Adjustment Bureau, 348 So. 2d 608-10 (Fla. 4th DCA 1977). No such showing was made here and we conclude that it was error for the court to deny appellant’s request for leave to amend.

The order dismissing the complaint with prejudice as to appellees is reversed with instructions to the circuit court to grant appellant reasonable opportunity to amendment its complaint.

BOARDMAN; Acting C. J., and SCHEB, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Tucker v. Vaughn C. Brennan, 458 So. 2d 367 (Fla. 2d DCA 1984)
    …he trial court correctly ‘dismissed appellant’s complaint for its failure to state a cause of action, we believe the court [*368] erred in denying appellant an opportunity to amend. As this court observed in Vermont Mutual Insurance Co. v. Cummings, 372 So. 2d 990, 991 (Fla. 2d DCA 1979), “[T]he law encourages liberality in permitting amendments to pleadings unless it is clearly made to appear that the deficiencies of the pleading cannot be cured.” See Delia & Wilson, Inc. v. Wilson, 448 So. 2d 621 (Fla. 4th…
  • CSX Transp., Inc. v. Becker Sand & Gravel Co., 576 So. 2d 902 (Fla. 1st DCA 1991)
    …. In order to establish its right to indemnity from Becker, CSX had to plead and prove those ultimate facts showing the relationship of the parties, the basis for the liability, and the damages incurred. Vermont Mutual Insurance Company v. Cummings, 372 So. 2d 990, 991 (Fla. 2d DCA 1979); Dunham-Busch, Inc. v. Thermo-Air Service, Inc., 351 So. 2d 351, 352 (Fla. 4th DCA 1977). CSX therefore had the burden to plead and prove that it entered into an indemnity agreement with Becker, that it incurred damages which…
  • Dep't OF Revenue v. Nu-Life Health & Fitness Ctr., 623 So. 2d 747 (Fla. 1st DCA 1992)
    …es, Inc., 332 So. 2d 681 (Fla. 1st DCA 1976) (where taxpayer failed to comply with statutory prerequisite to filing suit challenging tax assessment, trial court correctly dismissed complaint with leave to amend); Vermont Mutual Ins. Co. v. Cummings, 372 So. 2d 990 (Fla. 2d DCA 1979) (the law encourages liberality in permitting amendments to pleadings unless it clearly appears that the deficiencies of the pleading cannot be cured). The Department’s final point on appeal attacks the circuit court’s ruling that…

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