ADRIAN SANTOS
v.
CITY OF MIAMI, ETC.
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A trial court's order dismissing a complaint must address the operative pleading actually subject to the motion, not a prior superseded complaint.
[1] An order of dismissal must address the operative pleading that is the subject of the motion to dismiss; dismissal of a prior superseded complaint when the motion targets…
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Join FLexlaw to unlock all legal intelligenceSantos filed a complaint against the City of Miami and Armando Aguilar, Jr., which was dismissed without prejudice. Santos timely filed an amended com…
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PER CURIAM.
Adrian Santos appeals the trial court’s Order Granting Defendant’s Motion to Dismiss, Denying Plaintiff’s Motion for rehearing and Final Judgment. Santos’ original complaint alleged three counts against the City of Miami and Armando Aguilar, Jr. (collectively “The City”). The original complaint was dismissed without prejudice and Santos was allowed 30 days to file an amended complaint, which he timely filed. The City filed a motion to dismiss the amended complaint and, without conducting a hearing, the trial court entered the order presently on appeal; however, the order is directed to the original complaint and not the amended complaint.
In its answer brief the City commendably confesses error and requests that we reverse and remand for the trial court to consider its motion to dismiss the amended complaint, and we do so now.
Reversed and remanded for further proceedings.