KRIS EDWARD HELTON, APPELLANT,
v.
MARCELLA M. GUNDERSON, APPELLEE
PER CURIAM.
The plaintiff, Kris Edward Helton, appeals the trial court’s sua sponte dismissal of Count I of his complaint for failure to attach a copy of the contract upon which he is suing. The defendant claims, and we agree, that the existence of the alleged contract is a matter to be proved at trial, and that Helton should be permitted to attempt to prove his case. See Amiker v. Mid-Century Ins. Co., 398 So. 2d 974, 975-76 (Fla. 1st DCA 1981). Finding no merit to Helton’s other claims,1 we reverse the dismissal of Count I and remand for the trial court to reinstate the claim.
. See Costa Bella Dev. Corp. v. Costa Dev. Corp., 445 So. 2d 1090 (Fla. 3d DCA 1984)(striking of pleadings is not favored and all doubts should be resolved in favor of the pleadings).
Cases With Similar Vibessemantic neighbors from the corpus
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In re the Termination of Parental Rights for the Proposed Adoption OF Baby A. v. Gift of Life Adoptions, Inc., 944 So. 2d 380 (Fla. 2d DCA 2006)…tated: “The mother ydllingly complied, even giving the birth father’s address.” Citing cases that hold that prospective adoptive parents have no right to intervene in a termination proceeding, see, e.g., Gift of Life, Inc. v. D.E.F. (In re D.L.G.), 802 So. 2d 1152 (Fla. 2d DCA 2001); Prospective Adoptive Parents v. C.V. (In re Baby Boy G), 703 So. 2d 1103 (Fla. 2d DCA 1997), Judge Fleming denied the prospective adoptive parents’ motion to intervene. Judge Fleming entered a separate order appointing a guardian…
Authorities Cited
- Costa Bella Dev. Corp. v. Costa Dev. Corp., 445 So. 2d 1090 (Fla. 3d DCA 1984)
- Amiker v. Mid-Century Ins. Co., 398 So. 2d 974 (Fla. 1st DCA 1981)