MARY WILLIAMS AND HERMAN WILLIAMS, AS THE NATURAL GUARDIANS OF MARK WILLIAMS, A MINOR, APPELLANTS,
v.
SEBRING HOUSING AND DEVELOPMENT, D/B/A MARTIN LUTHER KING TERRACE, A FLORIDA CORPORATION; PARENT MANAGEMENT COMPANY, A FLORIDA CORPORATION, APPELLEES
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CASANUEVA, Judge.
The Williamses appeal a final order dismissing, with prejudice, their initial verified complaint against Sebring Housing and Development Authority, their landlord, and the landlord’s manager, Parent Management Company, Although the trial court was correct to dismiss the complaint as pleaded, we reverse the dismissal because it was done with prejudice. At this stage of the proceeding, it cannot be said that the Williamses could not plead circumstances that would entitle them to relief. See Hajec v. Town of Medley, 189 So. 2d 835 (Fla. 3d DCA 1966); Matthews v. Matthews, 122 So. 2d 571 (Fla. 2d DCA 1960). The Williamses should be given the opportunity to submit an amended complaint, if they are able to do so, that properly sets forth the elements of a cause of action. See Plant v. Decker, 486 So. 2d 37 (Fla. 2d DCA 1986). Affirmed in part; reversed in part; and remanded for further proceedings.
THREADGILL, A.C.J., and QUINCE, J., Concur.
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Citator
Cited By
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Dominion OF Canada v. State Farm Fire & Cas. Co. & Sally Ruth Johnson, 754 So. 2d 852 (Fla. 2d DCA 2000)…5th DCA 1986). When a complaint appears amenable to amendment to state a proper cause of action, it should not be dismissed with prejudice without first affording the plaintiff an opportunity to amend. See Williams v. Sebring Housing & Development, 723 So. 2d 359 (Fla. 2d DCA 1998). Therefore, on remand Dominion should be given that opportunity. Affirmed in part, reversed in part, remanded for further proceedings. PATTERSON, C.J., and GREEN, J., Concur. . The parties did not address, and we do not decide,…
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Becklund v. Fleming, 869 So. 2d 1 (Fla. 2d DCA 2003)…o give her an opportunity to do so. See Clements v. Hillsborough County Health Dep’t, 837 So. 2d 1085, 1085 (Fla. 2d DCA 2003); Dominion of Can. v. State Farm Fire & Cas. Co., 754 So. 2d 852, 857 (Fla. 2d DCA 2000); Williams v. Sebring Hous. & Dev., 723 So. 2d 359, 359 (Fla. 2d DCA 1998). The Applicable Law The Creditor’s claim against the Decedent’s estate was barred by her failure to file her claim against the estate within the two-year period established by section 733.710, Florida Statutes (1993). Beckl…
Authorities Cited
- Matthews v. Olive M. Matthews, 122 So. 2d 571 (Fla. 2d DCA 1960)
- Hajec v. Town OF Medley, 189 So. 2d 835 (Fla. 3d DCA 1966)
- Plant v. Lawrence Decker, D.O., 486 So. 2d 37 (Fla. 2d DCA 1986)