DARNELL MCKNIGHT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
DARNELL MCKNIGHT, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
464 So. 2d 244
Florida District Court of Appeal, Third District (1985)
Positive Treatment
Cited by 5 cases
Opinion of the Court
[*245] PER CURIAM.
Affirmed. See Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); State v. Stevens, 354 So. 2d 1244 (Fla. 4th DCA 1978); Wilson v. State, 324 So. 2d 700 (Fla. 4th DCA 1976); Phillips v. State, 284 So. 2d 485 (Fla. 3d DCA 1973), cert. denied, 291 So. 2d 205 (Fla.1974); § 901.151, Fla.Stat. (1981).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Hamide v. State of Fla. Dep't OF Corr., 548 So. 2d 877 (Fla. 1st DCA 1989)…the privilege to amend has been abused or that the complaint is clearly unamendable, it is an abuse of discretion to dismiss a complaint with prejudice. See Crews v. Ellis, 531 So. 2d 1372, 1375 (Fla. 1st DCA 1988); Thompson v. McNeil Company, Inc., 464 So. 2d 244 (Fla. 1st DCA 1985); Affordable Homes, Inc. v. Devil’s Run, Ltd., 408 So. 2d 679 (Fla. 1st DCA 1982); Town of Micanopy v. Connell, 304 So. 2d 478 (Fla. 1st DCA 1984); Countryside Christian Center, Inc. v. City of Clearwater, 542 So. 2d 1037 (Fla. 2d…
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The Downtown Invs., Ltd. v. E.M. Segall, 551 So. 2d 561 (Fla. 3d DCA 1989)…een no showing either that appellant has abused the privilege to amend or that the complaint is clearly not amendable, ... ’” Kennedy v. Santa Rosa Island Authority, 530 So. 2d 520, 521 (Fla. 1st DCA 1988) (quoting Thompson v. McNeill Company, Inc., 464 So. 2d 244 (Fla. 1st DCA 1985). As a secondary matter, appellant responds to appellees’ estoppel argument by contending that the appellees/defen-dants herein, as well as the claims and issues asserted against them, are new to this action. We agree. The judgm…
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Strachan Shipping Co. v. Spigner, 573 So. 2d 926 (Fla. 1st DCA 1991)…s not established by the complaint and, thus, dismissal for this reason was inappropriate. We further find that the other reasons asserted by appellees do not support dismissal of the complaint without leave to amend. Thompson v. McNeill Co., Inc., 464 So. 2d 244 (Fla. 1st DCA 1985). While the complaint is somewhat vague, it appears that the plaintiff’s request for relief involved a determination of the applicability of the immunity contained in section 440.11, Florida Statutes, to an ascertainable set of fa…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968)
- State v. Stevens, 354 So. 2d 1244 (Fla. 4th DCA 1978)
- Wilson v. State, 324 So. 2d 700 (Fla. 4th DCA 1976)
- Phillips v. State, 284 So. 2d 485 (Fla. 3d DCA 1973)
- Food Fair Stores OF Fla., Inc. v. Marlowe, 291 So. 2d 205 (Fla. 1974)
- Frankenberry v. State, 291 So. 2d 205 (Fla. 1974)