DELIA & WILSON, INC., AND WILLIAM DELIA, APPELLANTS,
v.
ROBERT L. WILSON AND VIOLA WILSON, APPELLEES

Fla. 4th DCA | 1984-04-18
No. 83-1854
HURLEY and WALDEN, JJ., concur.
448 So. 2d 621 Florida District Court of Appeal, Fourth District (1984) Positive Treatment
Cited by 1 case


Opinion of the Court
NORRIS, WILLIAM -A., Jr., Associate Judge.

NORRIS, WILLIAM -A., Jr., Associate Judge.

Although the trial court correctly dismissed appellants’ amended complaint for failure to state a cause of action, it was improper to dismiss this complaint with prejudice. A dismissal with prejudice should not be ordered without giving the party offering the defective pleading an opportunity to amend unless it is clear that the pleading cannot be amended so as to state a cause of action. Hansen v. Central Adjustment, Bureau, Inc., 848 So. 2d 608 (Fla. 4th DCA 1977). We believe that appellants should be given the opportunity to amend so as to state a cause of action. We reverse the trial court’s order dismissing the amended complaint with prejudice; upon remand appellants shall be allowed to file an amended complaint.

REVERSED and REMANDED.

HURLEY and WALDEN, JJ., concur.


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