JAMES L. DINGESS, APPELLANT,
v.
FLORIDA AIRCRAFT SALES AND LEASING, INC., A FLORIDA CORPORATION, APPELLEE
DAUKSCH, Judge.
This is an appeal from an Order denying the appellant’s Motion for Leave to File Amended Complaint and a judgment on the pleadings. We find that the trial court abused its discretion by failing to grant the appellant at least one chance to amend his complaint. Townsend v. Ward, 429 So. 2d 404 (Fla. 1st DCA 1983); Lewis v. Howanitz, 378 So. 2d 310 (Fla. 3d DCA 1979); Ayers v. Home Owners Association of Killearn Estates, 360 So. 2d 1326 (Fla. 1st DCA 1978). Leave to amend shall be given freely when justice so requires and it should not be denied unless the privilege has been abused or the complaint is clearly not amendable. Fla.R.Civ.P. 1.190(a).
REVERSED and REMANDED.
COBB, J., and DIAMANTIS, Associate Judge, concur.
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Gordon v. Etue, Wardlaw & Co., P.A., 511 So. 2d 384 (Fla. 1st DCA 1987)…d by appellants until the third amended complaint presently under review. Accordingly, it was an abuse of discretion for the trial court to deny appellants at least one chance to amend that count. Dingess v. Florida Aircraft Sales and Leasing, Inc., 442 So. 2d 431 (Fla. 5th DCA 1983); Townsend v. Ward, 429 So. 2d 404 (Fla. 1st DCA 1983). Consequently, we reverse and remand for further proceedings. AFFIRMED, in part, REVERSED, in part, and REMANDED for further proceedings. FRANK, RICHARD H., Associate Judge,…
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Hamide v. State of Fla. Dep't OF Corr., 548 So. 2d 877 (Fla. 1st DCA 1989)…); Countryside Christian Center, Inc. v. City of Clearwater, 542 So. 2d 1037 (Fla. 2d DCA 1989); Albrecht v. Board of Trustees of Internal Improvement Fund, 481 So. 2d 555 (Fla. 2d DCA 1986); Dingess v. Florida Aircraft Sales & Leasing, Inc., [*879] 442 So. 2d 431, 432 (Fla. 5th DCA 1983); Reid v. Reid, 396 So. 2d 818 (Fla. 4th DCA), review denied, 402 So. 2d 612 (Fla.1981). DOC's reliance on Levine v. Dade County School Board, 442 So. 2d 210 (Fla.1983), to support the dismissal with prejudice is misplaced i…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Townsend v. Ward, 429 So. 2d 404 (Fla. 1st DCA 1983)
- Kingdrel N. Ayers v. Home Owners Ass'n of Killearn Ests., 360 So. 2d 1326 (Fla. 1st DCA 1978)
- Lewis v. Purie Howanitz, 378 So. 2d 310 (Fla. 3d DCA 1979)