ALLSTATE INSURANCE COMPANY, APPELLANT,

v.

CAROL BALDWIN, APPELLEE

Citator

Cited By (11 total)

• Sekot Labs., Inc. v. Gleason, 585 So. 2d 286 (Fla. 3d DCA 1990)
  …hearing on the motion to dismiss with prejudice, or (2) the order dismissing the complaint with leave to amend specifically provides that on failure to amend within the stated time, the cause will be dismissed without further notice.” Neu v. Turgel, 480 So. 2d 216, 217 (Fla. 3d DCA 1985), cause dismissed, 486 So. 2d 598 (Fla.1986); accord Edward L. Nezelek, Inc. v. Sunbeam Television Corp., 413 So. 2d at 54-55. Taking point (2) of Neu first, the order on International’s motion to dismiss granted leave to ame…
• Smith v. City OF Panama City, 951 So. 2d 959 (Fla. 1st DCA 2007)
  …1990), the court reversed the trial court’s dismissal of a third amended complaint “with prejudice,” citing Edward L. Nezelek, Inc. v. Sunbeam Television Corp., 413 So. 2d 51 (Fla. 3d DCA), rev. denied, 424 So. 2d 763 (Fla.1982), and Neu v. Turgel, 480 So. 2d 216 (Fla. 3d DCA 1985), cause dismissed, 486 So. 2d 598 (Fla.1986). Nezelek had found that an order of dismissal “with leave to amend” is not an order to amend, but rather “permission to do that which without the court’s permission would not be allowabl…
• Kruger v. Kruger, 124 So. 3d 1033 (Fla. 3d DCA 2013)
  …hearing on the motion to dismiss with prejudice, or (2) the order dismissing the complaint with leave to amend specifically provides that on failure to amend within the stated time, the cause will be dismissed without further notice.” Neu v. Turgel, 480 So. 2d 216, 217 (Fla. 3d DCA 1985), cause dismissed, 486 So. 2d 598 (Fla.1986); accord Edward L. Nezelek, Inc. v. Sunbeam Television Corp., 413 So. 2d at 54-55. Neither circumstance occurred here. No order of dismissal was entered in this case providing that…

Authorities Cited

• Hay v. Lyman A. Salisbury and Ruth Salisbury, 92 Fla. 446 (Fla. 1926)
• Crute v. State, 109 So. 617 (Ala. Ct. App. 1926)
• Yrma M. Signo, M.D. v. Fla. Farm Bureau Cas. Ins. Co., 454 So. 2d 3 (Fla. 4th DCA 1984)