OTIS BELL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (34 total)

• Temples v. Fla. Indus. Constr. Co., Inc., 310 So. 2d 326 (Fla. 2d DCA 1975)
  …stinction between motions to dismiss, motions for judgment on the pleadings and motions for summary judgment. A motion to dismiss may not act as a substitute for a motion for summary judgment. See Dawson v. Blue Cross Association, Fla.App.1st, 1974, 293 So. 2d 90. This appears to be precisely what took place in the instant case, for, as pointed out, the trial court dismissed the complaint in reliance upon the affirmative defenses raised by appellee in its motion to dismiss and the appellant’s admissions. We…
• Wilda H. Bradham v. Hayes Enters., Inc., 306 So. 2d 568 (Fla. 1st DCA 1975)
  …be allowed whenever a party seeks to amend his pleadings and leave should be freely given when justice so requires, (1.190(a), RCP, 25 Fla.Jur., Pleadings, § 102) and we have repeatedly so held. (Dawson v. Blue Cross Association, Fla.App. 1st 1974, 293 So. 2d 90 and Thomas v. 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.Ap…
• Am. Home Assurance Co. v. Keller Indus., Inc., 347 So. 2d 767 (Fla. 3d DCA 1977)
  …Shield of Florida, Inc., 233 So. 2d 645 (Fla. 2d DCA 1970); Daleo v. Bert & Bette Bayfront 66 Marine, 273 So. 2d 113 (Fla. 3d DCA 1973); Midwest Mutual Insurance Company v. San tiesteban, 287 So. 2d 665 (Fla.1974); Dawston v. Blue Cross Associates, 293 So. 2d 90 (Fla. 1st DCA 1974). See also, Southern American Fire Ins. Co. v. All Ways Reliable Maintenance, Inc., 251 So. 2d 11 (Fla. 4th DCA 1971); Morris v. Conn. General Life Ins. Co., 346 So. 2d 589 (Fla. 3d DCA 1977); Continental Casualty Co. v. Giller Co…

Authorities Cited

• Fouts v. State, 133 So. 81 (Fla. 1931)