SUPREME LUMBER & MILLWORK COMPANY, A FLORIDA CORPORATION, APPELLANT,
v.
MICHAEL GLANTZ ET AL., APPELLEES

Fla. 4th DCA | 1976-05-14
Nos. 75-850, 75-1004
CROSS and MAGER, JJ., and KEOUGH, LAWRENCE E., Associate Judge, concur.
332 So. 2d 87 Florida District Court of Appeal, Fourth District (1976) Positive Treatment
Cited by 4 cases
Topics
Abuse Of Discretion

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant-plaintiff, Supreme Lumber and Millwork Company, appeals a final judgment entered in favor of appellee-defend-ants, Summit Insurance Company of New York and National Indemnity Company, Case Number 75-850; and a final judgment entered in favor of appellee-defend-ant, Parliament Insurance Company, Case Number 75-1004, in an action on an open account to recover damages. We consolidate these plenary appeals for the purposes of disposition.

Upon review of the record on appeal and upon consideration of the briefs and oral argument of counsel for the respective parties, we are of the opinion that the trial court abused its discretion in dismissing with prejudice appellant’s complaint as to appellees, Summit Insurance Company of New York, National Indemnity Company and Parliament Insurance Company, without leave to file an amended complaint.

Accordingly, the final judgments herein appealed are reversed and the cause is remanded, with directions to grant appellant leave to file an amended complaint.

Reversed and remanded, with directions.

CROSS and MAGER, JJ., and KEOUGH, LAWRENCE E., Associate Judge, concur.

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  • State v. Shuttleworth, 927 So. 2d 975 (Fla. 2d DCA 2006)
    …grounds, 696 So. 2d 715 (Fla.1997). Although the trial court’s order is short on details, “if there is sufficient evidence ... to sustain the order ... the judge will be presumed to have properly based [her] order on that evidence.” State v. Thomas, 332 So. 2d 87, 88 (Fla. 1st DCA 1976). These tenets are crucial where, as here, critical factors — such as witness credibility — cannot be gleaned from a cold record. See id.; see also Glatzmayer, 789 So. 2d at [*979] 301. We ordinarily defer to the trial court’s…
  • State v. L. C. (Fla. 2d DCA 2024)
  • Torres-Carmona v. State (Fla. 2d DCA 2026)

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