MICHAEL P. CUDLIPP, APPELLANT,
v.
BLUE CHIP LAUNDRY, INC., D/B/A ENVIRONMENTAL MARKETING CORP., APPELLEE
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The court held that a partial summary judgment should be affirmed, but the defendant should be granted leave to amend their pleadings.
The case involves a partial summary judgment entered for the plaintiff. The court considered whether the defendant should be allowed to amend their pl…
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[*784] PER CURIAM.
We affirm the partial summary judgment entered for the plaintiff but remand with direction that defendant be granted leave to amend. Over twenty years ago, the Supreme Court of Florida said in Hart Properties, Inc. v. Slack, 159 So. 2d 236, 240 (Fla. 1963):
In circumstances such as this where a summary judgment should be entered, yet the matters presented indicate that the unsuccessful party may have a cause of action or defense not pleaded, or a better one than that pleaded, the proper procedure is to enter the summary judgment with leave to the party to amend as was authorized in Roberts v. Braynon, Fla.1956, 90 So. 2d 623.
This court recently reaffirmed that principle in Woodham v. Moore, 428 So. 2d 280 (Fla. 4th DCA 1983).
Perhaps more important, the Supreme Court recently mentioned Hart in Dober v. Worrell, 401 So. 2d 1322, 1324 (Fla.1981), saying:
This Court expressly held that a trial court could grant summary judgment but allow the losing party a set period of time within which to amend his pleadings.
HERSEY, C.J., and DOWNEY and GLICKSTEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Zieja v. Metro. Dade Cnty., 508 So. 2d 354 (Fla. 3d DCA 1986)…Cf. Hart Properties, Inc. v. Slack, 159 So. 2d 236, 240 (Fla.1963) (where summary judgment is appropriate, but the record reflects plaintiff otherwise has a valid cause of action, leave to amend should be granted; Cudlipp v. Blue Chip Laundry, Inc., 476 So. 2d 783 (Fla. 4th DCA 1985) (same). Affirmed with directions that the plaintiff be granted leave to amend his pleadings. Before SCHWARTZ, C.J., and BARKDULL, HENDRY, HUBBART, NESBITT, BASKIN, DANIEL S. PEARSON, FERGUSON and JORGENSON, JJ.…
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DiPAOLO v. Rollins Leasing Corp., 700 So. 2d 31 (Fla. 5th DCA 1997)…. Braynon, 90 So. 2d 623 (Fla. 1956); Bilic v. New Fairways Investments of Florida, Inc., 543 So. 2d 458 (Fla. 5th DCA 1989); Key Bank of Florida v. First United Land Title Co., 502 So. 2d 1280 (Fla. 2d DCA 1987); Cudlipp v. Blue Chip Laundry, Inc., 476 So. 2d 783 (Fla. 4th DCA 1985); Woodham v. Moore, 428 So. 2d 280 (Fla. 4th DCA 1983); Kadar v. Iowa Nat. Mut. Ins. Co., 374 So. 2d 1075 (Fla. 5th DCA 1979); First National Bank of Tampa v. Pappas, 372 So. 2d 989 (Fla. 2d DCA 1979); Inman v. The Club on Sailboa…
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Sunday v. Balari, 542 So. 2d 485 (Fla. 3d DCA 1989)…tters presented indicate that the unsuccessful party may have a cause of action ... not pleaded, or a better one than that pleaded, the proper procedure is to enter the summary judgment with leave ... to amend.”); Cudlipp v. Blue Chip Laundry, Inc., 476 So. 2d 783 (Fla. 4th DCA 1985) (same). Affirmed in part, reversed in part, and remanded with instructions to grant the appellant leave to amend the complaint.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Chirogianis v. Anderson, 401 So. 2d 1322 (Fla. 1981)
- Duarte v. Stevens Mkts., Inc., 159 So. 2d 236 (Fla. 1963)
- Roberts v. Braynon, 90 So. 2d 623 (Fla. 1956)
- Woodham v. Moore, 428 So. 2d 280 (Fla. 4th DCA 1983)