MARY QUINLAN AND RAYMOND QUINLAN, HER HUSBAND, APPELLANTS,
v.
STANLEY MOTT, AS FATHER AND NATURAL GUARDIAN OF JOHN MOTT, A MINOR, THE EDWARD J. DEBARTOLO CORPORATION, D/B/A ALTAMONTE MALL, APPELLEES; ANN WELTMAN AND FRANK WELTMAN, HER HUSBAND, APPELLANTS, V. STANLEY MOTT, AS FATHER AND NATURAL GUARDIAN OF JOHN MOTT, A MINOR, AND THE EDWARD J. DEBARTOLO CORPORATION, A FOREIGN CORPORATION, D/B/A ALTAMONTE MALL, APPELLEES
MARY QUINLAN AND RAYMOND QUINLAN, HER HUSBAND, APPELLANTS,
STANLEY MOTT, AS FATHER AND NATURAL GUARDIAN OF JOHN MOTT, A MINOR, THE EDWARD J. DEBARTOLO CORPORATION, D/B/A ALTAMONTE MALL, APPELLEES; ANN WELTMAN AND FRANK WELTMAN, HER HUSBAND, APPELLANTS, V. STANLEY MOTT, AS FATHER AND NATURAL GUARDIAN OF JOHN MOTT, A MINOR, AND THE EDWARD J. DEBARTOLO CORPORATION, A FOREIGN CORPORATION, D/B/A ALTAMONTE MALL, APPELLEES
375 So. 2d 589
Florida District Court of Appeal, Fifth District (1979)
Positive Treatment
Cited by 4 cases
Opinion of the Court
DAUKSCH, Judge.
This is an appeal from an order dismissing a complaint without leave to amend. It is apparent the deficiencies in the complaint can probably be cured by amendment without any essential departure from the facts already alleged. Thus, although the trial court correctly granted the appellee’s motion to dismiss, the order should have been with leave to amend. Florida Rules of Civil Procedure 1.190. Petterson v. Concrete Construction, Inc., 202 So. 2d 191 (Fla. 4th DCA 1967).
REVERSED and REMANDED.
DOWNEY, JAMES C., and BERANEK, JOHN R., Associate Judges, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Davis v. SUN First Nat'l Bank OF Orlando, 408 So. 2d 608 (Fla. 5th DCA 1981)…ry is compensable. As appellant is precluded from recovery under either set of facts, the deficiencies in the complaint could not have been cured by amendment. AFFIRMED. DAUKSCH, C. J., and ORFINGER, J., concur. . Appellant cites Quinlan v. Mott, 375 So. 2d 589 (Fla. 5th DCA 1979), in support of her contention that she should have been granted leave to amend even in the absence of a request for leave to amend. Quinlan relied on Petterson v. Concrete Const., Inc., 202 So. 2d 191 (Fla. 4th DCA 1967), quashed…
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GM Drug Co. v. Taylor, 412 So. 2d 943 (Fla. 3d DCA 1982)…injunction was requested pursuant to section 60.-05(1),1 Florida Statutes (1979) and section 823.05,2 Florida Statutes (1979). We hold that the cause should not have been dismissed without affording appellants leave to amend. See Quinlan v. Mott, 375 So. 2d 589 (Fla. 5th DCA 1979); Osborne v. Delta Maintenance and Welding, Inc., 365 So. 2d 425 (Fla. 2d DCA 1978); Lopez v. La Fuente, 343 So. 2d 930 (Fla. 3d DCA 1977); Fla.R.Civ.Proc. 1.190. Cf. Shamhart v. Morrison Cafeteria Co., 159 Fla. 629, 32 So. 2d 727…
Authorities Cited
- Conyers v. State, 202 So. 2d 191 (Fla. 1st DCA 1967)