MALCOLM WINFIELD, APPELLANT,
v.
KENNETH NOE, JR. AND CALDER RACE COURSE, INC., APPELLEES
PER CURIAM.
That the state, in the public interest, undertook to regulate and control pari-mu-tuel wagering did not, standing alone, abrogate the common law right of those private enterprises to exclude persons with whom they choose not to do business, absent a showing that the exclusion of any person is for reasons which are constitutionally impermissible. Calder Race Course, Inc. v. Gaitan, 393 So. 2d 15 (Fla. 3d DCA 1980); Tropical Park, Inc. v. Jock, 374 So. 2d 639 (Fla. 3d DCA 1979), cert. denied, 383 So. 2d 1196 (Fla.1980).
Generally, a trial court must give leave to amend a deficient complaint unless from the face of the complaint it clearly appears that the deficiency is one which cannot be cured by amendment. Affordable Homes, Inc. v. Devil’s Run, Limited, 408 So. 2d 679 (Fla. 1st DCA 1982).
Affirmed.
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Winchester Corp. v. Miami Free Zone Corp., 443 So. 2d 1064 (Fla. 3d DCA 1984)…ended counterclaim for failure to state a cause of action since it is clear that the deficiencies in this count cannot be cured. However, the dismissal as to counts one and three should have been [*1065] entered with leave to amend. Winfield v. Noe, 426 So. 2d 1148 (Fla. 3d DCA 1983); Affordable Homes, Inc. v. Devil’s Run, Ltd., 408 So. 2d 679 (Fla. 1st DCA 1982); Wiggins v. Tart, 407 So. 2d 1094 (Fla. 1st DCA 1982); Highlands County School Board v. K.D. Hedin Construction, Inc., 382 So. 2d 90 (Fla. 2d DCA 198…
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Inland Materials, Inc. v. Superior Aircraft Hangars, Inc., 464 So. 2d 1320 (Fla. 5th DCA 1985)…ker v. Brennan, 458 So. 2d 367 (Fla. 2d DCA 1984); Hallmark Builders, Inc. v. Hickory Lakes of Brandon, Inc., 458 So. 2d 45 (Fla. 2d DCA 1984); Dingess v. Florida Aircraft Sales and Leasing, Inc., 442 So. 2d 431 (Fla. 5th DCA 1983); Winfield v. Noe, 426 So. 2d 1148 (Fla. 3d DCA 1983); Affordable Homes, Inc. v. Devil’s Run, Ltd., 408 So. 2d 679 (Fla. 1st DCA 1982); Anthony v. Jacksonville Transportation Authority, 383 So. 2d 650 (Fla. 1st DCA 1980); Highlands County School Board v. K.D. Hedin Construction, Inc.…
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Rich v. Arthur C. (Tony) Gulliver, 564 So. 2d 578 (Fla. 3d DCA 1990)…s entirely untimely, and (b) the evidence in support of the proposed amendment was, in any event, adduced at trial, and such evidence clearly established that the cause of action pled therein was barred by the statute of frauds. See Winfield v. Noe, 426 So. 2d 1148 (Fla. 3d DCA 1983); Chitty & Co. v. Preston H. Haskell Co., 423 So. 2d 460 (Fla. 1st DCA 1982); International Patrol & Detective Agency, Inc. v. Aetna Casualty & Surety Co., 396 So. 2d 774 (Fla. 1st DCA 1981), approved, 419 So. 2d 323 (Fla.1982); Br…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Affordable Homes, Inc. v. Devil's RUN, 408 So. 2d 679 (Fla. 1st DCA 1982)
- Tropical Park, Inc. v. Jock, 374 So. 2d 639 (Fla. 3d DCA 1979)
- Calder Race Course, Inc. v. Gaitan, 393 So. 2d 15 (Fla. 3d DCA 1980)