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Delia Wilson, Inc. v. Wilson

District Court of Appeal of Florida, Fourth District
Apr 18, 1984
448 So. 2d 621 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-1854.

April 18, 1984.

Appeal from the Circuit Court, Broward County, Barbara Bridge, J.

Jeff M. Brown of Lavalle, Wochna, Rutherford Brown, Boca Raton, for appellants.

Edward G. Stephany of Marko, Stephany Lyons, Fort Lauderdale, for appellees.


Although the trial court correctly dismissed appellants' amended complaint for failure to state a cause of action, it was improper to dismiss this complaint with prejudice. A dismissal with prejudice should not be ordered without giving the party offering the defective pleading an opportunity to amend unless it is clear that the pleading cannot be amended so as to state a cause of action. Hansen v. Central Adjustment, Bureau, Inc., 348 So.2d 608 (Fla. 4th DCA 1977). We believe that appellants should be given the opportunity to amend so as to state a cause of action. We reverse the trial court's order dismissing the amended complaint with prejudice; upon remand appellants shall be allowed to file an amended complaint.

REVERSED and REMANDED.

HURLEY and WALDEN, JJ., concur.


Summaries of

Delia Wilson, Inc. v. Wilson

District Court of Appeal of Florida, Fourth District
Apr 18, 1984
448 So. 2d 621 (Fla. Dist. Ct. App. 1984)
Case details for

Delia Wilson, Inc. v. Wilson

Case Details

Full title:DELIA WILSON, INC., AND WILLIAM DELIA, APPELLANTS, v. ROBERT L. WILSON AND…

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 18, 1984

Citations

448 So. 2d 621 (Fla. Dist. Ct. App. 1984)

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