LINDA TORY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF PINKIE ELIZABETH TORY, DECEASED, APPELLANT,
v.
INDIAN RIVER COUNTY, FLORIDA, APPELLEE
LINDA TORY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF PINKIE ELIZABETH TORY, DECEASED, APPELLANT,
INDIAN RIVER COUNTY, FLORIDA, APPELLEE
426 So. 2d 1200
Florida District Court of Appeal, Fourth District (1983)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm on the authority of Department of Transportation v. Neilson, 419 So. 2d 1071 (Fla.1982) but, because we believe that appellant should have an additional opportunity to file an amended complaint, we remand with directions that the trial court permit appellant to amend his complaint within twenty (20) days, and, if he fails to amend, the final summary judgment should be reinstated.
ANSTEAD, HERSEY and HURLEY, JJ., concur.
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Citator
Cited By
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Garcia v. Lopez, 483 So. 2d 470 (Fla. 3d DCA 1986)…without bad faith on his part, and the defendants offered no evidence to controvert Garcia’s account of the loss of the original. The trial court erred, therefore, in concluding that the copy of the agreement was inadmissible. Fredericks v. Howell, 426 So. 2d 1200 (Fla. 4th DCA 1983). Once the copy of the agreement is admitted into evidence, the fact-finder then must decide whether to believe Elsa’s testimony that she witnessed the execution of the agreement and that she signed the original. See Fredericks, 4…
Authorities Cited
- Dep't OF Transp. v. Neilson, 419 So. 2d 1071 (Fla. 1982)