IN RE TRUST AGREEMENT OF JANE GREER KELLY

Citator

Cited By (16 total)

• Gamma Dev. Corp. v. Steinberg, 621 So. 2d 718 (Fla. 4th DCA 1993)
  …been abused, or it is clear that the pleading cannot be amended to state a cause of action. Dryden v. Bogard, 488 So. 2d 672 (Fla. 4th DCA 1986); Kairalla v. Mac Arthur Foundation, 534 So. 2d 774 (Fla. 4th DCA 1988); Delia & Wilson, Inc. v. Wilson, 448 So. 2d 621 (Fla. 4th DCA 1984); Horacio O. Ferrea North American Division, Inc. v. Moroso Performance Products, Inc., 553 So. 2d 336 (Fla. 4th DCA 1989). Appellee advanced the argument, that since the disputed funds had been returned (interpled) there was no…
• Green Acres, Inc. v. First Union Nat'l Bank OF Fla., 637 So. 2d 363 (Fla. 4th DCA 1994)
  …e dismissing a complaint -with prejudice, purchasers should be afforded a second chance here. See Gamma Dev. Corp. v. Steinberg, 621 So. 2d 718 (Fla. 4th DCA 1993); Balcar v. Ramos, 595 So. 2d 308 (Fla. 4th DCA 1992); Delia & Wilson, Inc. v. Wilson, 448 So. 2d 621 (Fla. 4th DCA 1984). In addressing the caveat emptor barrier, purchasers assert that when the Florida Supreme Court abolished caveat emptor in residential real estate transactions, it implicitly extended the same duty to disclose known facts materi…
• Albrecht v. The Bd. OF Trs. OF the Internal Improvement Tr. Fund of the State of Fla. & the Internal Improvement Tr. Fund of the State of Fla., 481 So. 2d 555 (Fla. 2d DCA 1986)
  …. Generally, a trial court must allow a litigant the opportunity to amend a complaint before dismissing its suit with prejudice unless it is clear that the pleading cannot be amended so as to state a cause of action. Delia & Wilson, Inc. v. Wilson, 448 So. 2d 621 (Fla. 4th DCA 1984). At oral argument appellants contended that if afforded the opportunity they could amend their complaint to state a cause of action against appellees. We express no view as to appellants’ ability to do so; nevertheless, under the…

Authorities Cited

• Tanner v. Robinson, 411 So. 2d 240 (Fla. 3d DCA 1982)