VIRGINIA PETERS BAIRD AND HARRY H. BAIRD, JR., HER HUSBAND, APPELLANTS,
v.
THE CONTINENTAL INSURANCE COMPANY, A NEW YORK CORPORATION, APPELLEE
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Although agreeing that the trial court correctly granted the defendants’ motion for judgment on the pleadings, as same were then constituted, we feel that the justice of the cause requires that plaintiffs be given an opportunity to amend their complaint so that it might be determined if a proper way exists whereby plaintiffs may avoid the defects revealed in their complaint. See Rule 1.010 and Rule 1.190(e) Florida Rules of Civil Procedure, 30 F.S.A. and Sea Shore Motel Corporation v. Fireman’s Fund Insurance Company, Fourth District Court of Appeal, 233 So.2d 651, opinion filed March 16, 1970. We do not suggest, inferentially or otherwise, that their effort will be necessarily successful. We determine only that the rules should not be so finely drawn as to prohibit a second chance to plead an acceptable cause of action under the circumstances of this case where the pro*207cedure used was tantamount to that of a motion to dismiss.
Reversed and remanded for proceedings consistent herewith.
Reversed.
WALDEN, McCAIN and OWEN, JJ., concur.
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Wilda H. Bradham v. Hayes Enters., Inc., 306 So. 2d 568 (Fla. 1st DCA 1975)…. Rollins, Fla.App. 1st 1974, 298 So. 2d 186) It has even been held that a motion for leave to amend which was filed after entry of a judgment on the pleadings should have been granted. (Baird v. The Continental Insurance Company, Fla.App. 4th 1970, 237 So. 2d 206) (See also Sea Shore Motel Corp. v. Fireman’s Fund Insurance Company, Fla.App. 4th 1970, 233 So. 2d 651 and Gaymon v. Quinn Menhaden Fisheries of Texas, Inc., Fla.App. 1st 1959, 108 So. 2d 641) Sub judice appellant’s attorney recognized early that…
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Trumpe v. City OF Coral Springs, 326 So. 2d 192 (Fla. 4th DCA 1976)…Count I to state a good cause of action against the city. Accordingly, we feel the justice of the cause requires that on remand appellants be given a further opportunity to amend their complaint. Baird v. Continental Insurance Company, Fla.App.1970, 237 So. 2d 206. Reversed and remanded. WALDEN, C. J., and SILVERTOOTH, LYNN N., Associate Judge, concur.…
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Catia Dombrowski v. Blum, 388 So. 3d 53 (Fla. 3d DCA 2023)…do. Ass’n v. DDA Eng’rs, P.A., 274 So. 3d 487, 490 (Fla. 3d DCA 2019). Given the timeline related to the amendment motion in this case, we are unable and unwilling to make such a determination. Affirmed. 3 See, e.g., Baird v. Continental Ins. Co., 237 So. 2d 206, 206 (Fla. 4th DCA 1970); Sea Shore Motel Corp. v. Fireman’s Fund Ins. Co., 233 So. 2d 651, 652 (Fla. 4th DCA 1970).…
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- SEA Shore Motel Corp. & Sea Scape Motel Corp. v. Fireman's Fund Ins. Co. & Emery-Richardson & Assocs., Inc., 233 So. 2d 651 (Fla. 4th DCA 1970)