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Jones v. City of Homestead

District Court of Appeal of Florida, Third District
Dec 15, 1981
408 So. 2d 618 (Fla. Dist. Ct. App. 1981)

Opinion

No. 81-225.

December 15, 1981.

Appeal from Circuit Court, Dade County; Wilkie D. Ferguson, Jr., and Joseph M. Nadler, Judges.

David Goldman and Jack H. Cohen, Miami, for appellant.

Kuvin, Klingensmith Lewis and R. Fred Lewis, Miami, for appellee.

Before HUBBART, C.J., and SCHWARTZ and JORGENSON, JJ.


Rudolph Jones appeals from an adverse summary judgment and from a subsequent denial of his motion to amend his complaint. We reverse. The summary judgment herein was based entirely on the plaintiff's failure to state a cause of action against the City of Homestead in his complaint and, under the circumstances, it was reversible error for the trial court to deny the plaintiff an opportunity to cure this pleading defect by filing an amended complaint. Hart Properties, Inc. v. Slack, 159 So.2d 236 (Fla. 1963); Purinson v. Antenna Specialists, Co., 408 So.2d 618 (Fla.3d DCA 1981); Plyser v. Hados, 388 So.2d 1284 (Fla.3d DCA 1980).

Reversed.


Summaries of

Jones v. City of Homestead

District Court of Appeal of Florida, Third District
Dec 15, 1981
408 So. 2d 618 (Fla. Dist. Ct. App. 1981)
Case details for

Jones v. City of Homestead

Case Details

Full title:RUDOLPH JONES, APPELLANT, v. CITY OF HOMESTEAD, A MUNICIPAL CORPORATION…

Court:District Court of Appeal of Florida, Third District

Date published: Dec 15, 1981

Citations

408 So. 2d 618 (Fla. Dist. Ct. App. 1981)

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