TONI BAKER DABY, APPELLANT,
v.
PALM BEACH SHERIFF'S DEPARTMENT, ET AL., APPELLEES

Fla. 4th DCA | 2012-11-21
No. 4D11-1150
WARNER, STEVENSON, JJ., and STONE, BARRY, Associate Judge, concur.
100 So. 3d 1273 Florida District Court of Appeal, Fourth District (2012) Positive Treatment
Cited by 9 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Barrett v. City of Margate, 743 So.2d 1160, 1162 (Fla. 4th DCA 1999) (noting that “[although there is no magical number of amendments which are allowed, dismissal of a complaint that is before the court on a third attempt at proper pleading is generally not an abuse of discretion”).

WARNER, STEVENSON, JJ., and STONE, BARRY, Associate Judge, concur.


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  • Sanchez v. State of Fla. Dep't OF Health, 225 So. 3d 964 (Fla. 1st DCA 2017)
    …s findings of immediate danger, necessity, and procedural fairness are judicially reviewable. On appeal, our review is limited to evaluating whether the face of an emergency order provides sufficiently detailed allegations. Nath v. Dep’t of Health, 100 So. 3d 1273, 1276 (Fla. 1st DCA 2012). Mr. Sanchez argues that the Department’s order is insufficient on its face to justify the emergency restriction of his license. In his view, the order does not adequately state .that (1) Mr. Sanchez’s conduct presents an…
  • Osakatukei O. Omulepu, M.D. v. State, 198 So. 3d 1046 (Fla. 1st DCA 2016)
    …egations of an [emergency order] to demonstrate that ‘(1) the complained of conduct is likely to continue; (2) the order, is necessary to stop the emergency; and (3) the order is sufficiently narrowly tailored to be fair.’ ” Nath v. Dep’t of Health, 100 So. 3d 1273, 1276 (Fla. 1st DCA 2012) (emphasis added) (quoting Kaplan v. Dep’t of Health, 45 So. 3d 19, 21 (Fla. 1st DCA 2010)). Appellate review of an emergency order is limited to “examining the face of the order itself to determine if the elements were alle…
  • Kruse v. State, 270 So. 3d 475 (Fla. 1st DCA 2019)

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