JOSEPH TUCKER, APPELLANT,
v.
VAUGHN C. BRENNAN, APPELLEE
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BOARDMAN, Acting Chief Judge.
We reverse the trial court’s order dismissing with prejudice appellant’s initial complaint, which attempted to state a cause of action in legal malpractice. Although the trial court correctly ‘dismissed appellant’s complaint for its failure to state a cause of action, we believe the court erred in denying appellant an opportunity to amend. As this court observed in Vermont Mutual Insurance Co. v. Cummings, 372 So. 2d 990, 991 (Fla. 2d DCA 1979), “[T]he law encourages liberality in permitting amendments to pleadings unless it is clearly made to appear that the deficiencies of the pleading cannot be cured.” See Delia & Wilson, Inc. v. Wilson, 448 So. 2d 621 (Fla. 4th DCA 1984); Hansen v. Central Adjustment Bureau, 348 So. 2d 608 (Fla. 4th DCA 1977).
Because no such showing was made in the instant case, we reverse and remand with instructions to grant appellant a reasonable opportunity to amend his complaint.
DANAHY and LEHAN, JJ„ concur.
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Breakers OF Fort Lauderdale, Ltd. v. Cassel, 528 So. 2d 985 (Fla. 3d DCA 1988)…n that it failed to establish conclusively when appellant actually knew that its attorney's conduct constituted malpractice, was not beyond cure. We therefore reverse the dismissal with directions to permit plaintiff to amend. See Tucker v. Brennan, 458 So. 2d 367 (Fla. 2d DCA 1984). We note, however, that the trial court was correct in rejecting the alternative argument of Breakers of Fort Lauder-dale, Ltd., [Breakers] that the statute of limitations did not begin to run until May 23, 1986, when the lawsui…
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Inland Materials, Inc. v. Superior Aircraft Hangars, Inc., 464 So. 2d 1320 (Fla. 5th DCA 1985)…retion if it does not allow a party to amend its pleadings unless that party has abused the amendment privilege or it appears that a deficiency cannot be cured. See McNayr v. Cranbrook Investments, Inc., 158 So. 2d 129 (Fla.1963); Tucker 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 1…
Authorities Cited
- In re Tr. Agreement of Jane Greer Kelly, 448 So. 2d 621 (Fla. 4th DCA 1984)
- Henning Hansen v. Cent. Adjustment Bureau, 348 So. 2d 608 (Fla. 4th DCA 1977)
- Vt. Mut. Ins. Co. v. Cummings, 372 So. 2d 990 (Fla. 2d DCA 1979)