CARLTON LUMPKINS, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Evans v. HSBC Bank, 223 So. 3d 1059 (Fla. 2d DCA 2017)
  …Ms. Evans’ counterclaim for trespass without leave to amend, we reverse the order dismissing the counterclaim and remand with directions that Ms. Evans be permitted to file an amended counterclaim. See Strader v. Carpenters Crest Owners Ass’n, Inc., 968 So. 2d 621, 622 (Fla. 2d DCA 2007); Rohlwing v. Myakka River Real Props., Inc., 884 So. 2d 402, 405-407 (Fla. 2d DCA 2004). Conclusion Affirmed in part; reversed in part; remanded for further proceedings consistent with this opinion. CRENSHAW and MORRIS, JJ…
• Knott v. Genung, 310 So. 3d 990 (Fla. 2d DCA 2020)
  …la. 1981).1 But the remaining counts of the complaint should not have been dismissed with prejudice against these defendants without first affording the plaintiff an opportunity to amend those counts. See Strader v. Carpenters Crest Owners Ass'n, 968 So. 2d 621, 622 (Fla. 2d DCA 2007) ("Generally, a trial court must allow a litigant the opportunity to amend a complaint before dismissing its suit with prejudice unless it is clear that the pleading cannot be amended so as to state a cause of action." (quotin…
• Acquisition Tr. Co., LLC v. Laurel Pinebrook, LLC, 226 So. 3d 325 (Fla. 2d DCA 2017)
  …t with prejudice.1 Appellees concede that the circuit court’s dismissals with prejudice was improper since Acquisition Trust had never been afforded an opportunity to amend its complaint. We agree. See Strader v. Carpenters Crest Owners Ass’n, Inc., 968 So. 2d 621, 622 (Fla. 2d DCA 2007) (“Generally, a trial court must allow a litigant the opportunity to amend a complaint before dismissing its suit with prejudice unless it is clear that the pleading cannot be amended so as to state a cause of action.” (quotin…