MIGUEL MENDEZ, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (16 total)

• Irve Gladstone v. Smith, 729 So. 2d 1002 (Fla. 4th DCA 1999)
  …t be dismissed with prejudice “without giving the plaintiff an opportunity to amend the defective pleading, unless it is apparent that the pleading cannot be amended to state a cause of action.” Kairalla v. John D. and Catherine T. MacArthur Found., 534 So. 2d 774, 775 (Fla. 4th DCA 1988). The opportunity to amend a complaint should be liberally given. See Gamma Dev. Corp. v. Steinberg, 621 So. 2d 718 (Fla. 4th DCA 1993); Dryden Water [*1004] proofing, Inc. v. Bogard, 488 So. 2d 672, 673 (Fla. 4th DCA 1986) (…
• Samuels v. King Motor Co. of Fort Lauderdale, 782 So. 2d 489 (Fla. 4th DCA 2001)
  …ving the plaintiff an opportunity to amend the defective pleading, unless it is apparent that the pleading cannot be amended to state a cause of action.’ ” Gladstone, 729 So. 2d at 1003 (quoting Kairalla v. John D. and Catherine T. MacArthur Found., 534 So. 2d 774, 775 (Fla. 4th DCA 1988)). Here, the Plaintiffs have amended their complaint only twice, not the four to ten times sometimes seen in other cases. See Gladstone, 729 So. 2d at 1004; Kohn, 611 So. 2d at 539. The Plaintiffs have not abused the pleadin…
• Charles v. Fla. Foreclosure Placement Ctr., LLC., 988 So. 2d 1157 (Fla. 3d DCA 2008)
  …24 (Fla. 2d DCA 1997) (“Where it appears from a conclusory allegation that a cause of action can be stated and the complaint cured by amendment, a trial court should not dismiss with prejudice.”); Kairalla v. John D. & Catherine T. MacArthur Found., 534 So. 2d 774, 775 (Fla. 4th DCA 1988) (finding that “a dismissal with prejudice should not be ordered without giving the plaintiff an opportunity to amend the defective pleading, unless it is apparent that the pleading cannot be amended to state a cause of actio…

Authorities Cited

• State v. Avery, 531 So. 2d 182 (Fla. 4th DCA 1988)