UNITECH CORPORATION, A FLORIDA CORPORATION AND SUNSHINE STATE BANK, A FLORIDA BANKING CORPORATION, APPELLANTS/CROSS-APPELLEES,
v.
ATLANTIC NATIONAL BANK OF MIAMI, APPELLEE/CROSS-APPELLANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a trial court should grant leave to amend a deficient complaint unless the amendment privilege has been abused or the deficiency cannot be cured.
Plaintiff's complaint was dismissed with prejudice for failure to state a cause of action. The trial court later vacated the order denying a motion fo…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Failure To State A Cause Of Action cases and more on FLexlaw
PER CURIAM.
This appeal is from two orders: one dismisses an original complaint with prejudice for failure to state a cause of action against appellee Atlantic National Bank of Miami, and the other denies a motion for rehearing. A cross-appeal is brought from an order which vacates the order denying the motion for rehearing. Appel-lee/cross-appellant contends that the court was without jurisdiction to vacate its earlier orders.
On the merits the case presents fairly keen issues arising out of a commercial transaction which we need not address at this time. The dispositive procedural question is whether the complaint should have been dismissed with prejudice.
After dismissal the trial court expressed the view, which we share, that its dismissal with prejudice may have been premature. That view prompted the order vacating the order denying rehearing which is the subject of the cross-appeal. Having thoroughly considered appellee’s scholarly entreaty, we cannot affirm the dismissal because there is a possibility that the deficient complaint can be recast to state a cause of action. A trial court should give leave to amend a deficient complaint unless there has been an abuse of the amendment privilege, or the complaint shows on its face that there is a deficiency which cannot be cured by amendment. Affordable Homes, Inc. v. Devil’s Run, Ltd., 408 So. 2d 679 (Fla. 1st DCA 1982). The amendment privilege has not been abused in this case, nor is there a conclusive showing that the defective complaint cannot be cured.
Our reversal of the order of dismissal moots the issue raised by cross-appeal.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Grove Isle Ass'n, Inc. v. Grove Isle Assocs., LLLP, 137 So. 3d 1081 (Fla. 3d DCA 2014)…2d 1132, 1135 (Fla. 5th DCA 1998). “A trial court should give leave to amend a deficient complaint unless ... the complaint shows on its face that there is a deficiency which cannot be cured by amendment.” Unitech Corp. v. Atl. Nat’l Bank of Miami, 472 So. 2d 817, 818 (Fla. 3d DCA 1985); see also Thompson v. Bank of N.Y., 862 So. 2d 768, 770 (Fla. 4th DCA 2003) (quoting N. Am. Speciality Ins. Co. v. Bergeron Land Dev., Inc., 745 So. 2d 359, 362 (Fla. 4th DCA 1999)); Fla. R. Civ. P. 1.190(a) (“Leave of court…
-
Avila v. Pacindat Mut. Prot. & Indem. Ass'n, Ltd., 528 So. 2d 510 (Fla. 3d DCA 1988)…& B Pipe & Supply Co. v. Turnberry Towers, 500 So. 2d 261, 262 (Fla. 3d DCA 1986); Moore v. Freeman, 396 So. 2d 276, 276 (Fla. 3d DCA 1981); Lovelace v. Sobrino, 280 So. 2d 514, 514 (Fla. 3d DCA 1973); see also Unitech Corp. v. Atlantic Nat’l Bank, 472 So. 2d 817, 818 (Fla. 3d DCA 1985); cf. Royal Netherlands S.S. v. Quinto de Garcia, 489 So. 2d 128, 130 (Fla. 3d DCA) (plaintiff entitled to discovery from defendant in attempt to establish jurisdiction), rev. denied, 496 So. 2d 143 (Fla.1986), cert. denied, 4…
-
Datwani v. Maitte R. Netsch, 562 So. 2d 721 (Fla. 3d DCA 1990)…up the documents for the land purchase. The trial court abused its discretion in denying leave to amend to add as plaintiffs those persons who were trust beneficiaries when the alleged malpractice occurred. See Unitech Corp. v. Atlantic Nat’l Bank, 472 So. 2d 817 (Fla. 3d DCA 1985); Penn Cork & Closures, Inc. v. Piggyback Shippers Ass’n of Fla., 281 So. 2d 46 (Fla. 3d DCA 1973). Florida Rule of Civil Procedure 1.190 requires that leave to amend should be freely granted. The original complaint was brought by…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Affordable Homes, Inc. v. Devil's RUN, 408 So. 2d 679 (Fla. 1st DCA 1982)