TRAZYSIE ENSTROM, APPELLANT,
v.
LIISA A. DIXON, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ELIN M. ENSTROM, DECEASED, APPELLEE
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The court held that the plaintiff should have been allowed another opportunity to amend her complaint to attempt to state a cause of action.
Plaintiff sued Defendant's decedent's estate for reimbursement of expenses incurred while housing and caring for the decedent. The trial court dismiss…
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PER CURIAM.
Plaintiff appeals an order granting Defendant’s motion to dismiss her amended complaint with prejudice.
In a four count amended complaint Plaintiff alleges that she housed and cared for Defendant’s decedent from 1967 to 1975 and is entitled to reimbursement for expenses incurred therein under theories of breach of contract, conversion, and several equitable theories. Although the amended complaint could have been more artfully drafted, we agree that Plaintiff should have been allowed another opportunity to amend so as to attempt to state a cause of action.
It is the policy in this State to freely allow amendments to pleadings in order that causes may be tried on their merits and justice may be achieved. In exercising the discretion inherent in the trial court to allow or disallow amendments, all doubts should be resolved in favor of the former unless the privilege be abused. David Miller Distributing v. Fla. Nat. Bank, 342 So. 2d 856 (Fla. 1st DCA 1977). We find no such abuse here. Plaintiff should be allowed an opportunity to amend unless it is apparent that the pleading cannot be amended to state a cause of action. Hansen v. Central Adjustment Bureau, Inc., 348 So. 2d 608 (Fla. 4th DCA 1977).
The defendant relies heavily on First Gulf Beach Bank & Trust Co. v. Grubaugh, 330 So. 2d 205 (Fla. 2nd DCA 1976) which dealt with contracts to make a will and the effect of Fla.Stat. 731.051. Clearly, that decision has no bearing on the theories attempted to be raised in Plaintiff’s amended complaint.
REVERSED AND REMANDED.
ALDERMAN, C. J., and CROSS and MOORE, JJ., concur.
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NEW River Yachting Ctr., Inc. v. Bacchiocchi, 407 So. 2d 607 (Fla. 4th DCA 1981)…clearly not amendable. Osborne v. Delta Maintenance and Welding, 365 So. 2d 425 (Fla. 2nd D.C.A. 1978). This determination should be governed by a policy favoring resolution of cases on their merits, unless the privilege be abused. Enstrom v. Dixon, 354 So. 2d 1251 (Fla. 4th D.C.A. 1978). On the other hand, none of these cases involve violation of a court order setting a time limit for amendment. Fla.R.Civ.P. 1.420(b) provides for involuntary dismissal for failure to comply with any order of the court. This r…
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Adams v. Knabb Turpentine Co., Inc., 435 So. 2d 944 (Fla. 1st DCA 1983)…n the sound discretion of the trial court, all doubts should be resolved in favor of allowing amendment. It is the public policy of this state to freely allow amendments to pleadings so that cases may be resolved upon their merits. Enstrom v. Dixon, 354 So. 2d 1251 (Fla. 4th DCA 1978); Weich v. Cook, 250 So. 2d 281 (Fla. 1st DCA 1971). In the instant case, appellants clearly have not abused the amendment privilege, having filed only the original complaint and one amendment. In Weich v. Cook, supra, we held tha…
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Nanak Singh v. Marika Tolz, 380 So. 2d 1326 (Fla. 4th DCA 1980)…asses of attorneys. Such result is contrary to the basic concept of the individual responsibility of an attorney who is performing services for his client. Finally, we are also not oblivious to the following principle we stated in Enstrom v. Dixon, 354 So. 2d 1251 (Fla. 4th DCA 1978): It is the policy in this State to freely allow amendments to pleadings in order that causes may be tried on their merits and justice may be achieved. In exercising the discretion inherent in the trial court to allow or disallow…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Henning Hansen v. Cent. Adjustment Bureau, 348 So. 2d 608 (Fla. 4th DCA 1977)
- David Miller Distrib. Co., Inc. v. Fla. Nat'l Bank AT Arlington, 342 So. 2d 856 (Fla. 1st DCA 1977)
- First Gulf Beach Bank & Tr. Co. v. Grubaugh, 330 So. 2d 205 (Fla. 2d DCA 1976)