CORNERSTONE COMMUNITIES, INC., AND ELYSIUM HOMEOWNERS ASSOCIATION, INC., APPELLANTS,
v.
CITY OF CLEARWATER, A MUNICIPAL CORPORATION IN THE STATE OF FLORIDA, APPELLEE
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The court reversed a dismissal with prejudice and remanded for the trial court to allow appellants an opportunity to replead their complaint alleging the City had a pre-existing duty to provide sewer and water services without conditioning annexation.
A complaint should not be dismissed with prejudice when it is not clearly un-amendable and the plaintiff should be given an opportunity to replead.
[1] A complaint should not be dismissed with prejudice when it is not clearly un-amendable and the plaintiff should be afforded an opportunity to replead the allegations.
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Join FLexlaw to unlock all legal intelligence“where a complaint is not clearly un-amendable, it is error for the trial court to dismiss that complaint with prejudice”
The court cited Crews v. Ellis to establish the standard that complaints not clearly un-amendable should not be dismissed with prejudice.
Cornerstone Communities and Elysium Homeowners Association sought declaratory and equitable relief regarding an agreement where the City of Clearwater…
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FRANK, Judge.
The appellants, Cornerstone Communities, Inc., and Elysium Homeowners Association, Inc., have appealed from an order dismissing with prejudice their complaint seeking declaratory and equitable relief as the result of an agreement in which annexation would follow from the City of Clear-water providing sewer and water services to property owners in an area located beyond the City’s boundaries. The appellants alleged, in an undefined conclusory manner, that the City had an obligation to provide the services without the contractual commitment to annexation by the City.
In determining to reverse the trial court’s dismissal order we emphasize that we have not passed upon any substantive aspect of this dispute. We have confined our disposition of this matter wholly to the question of whether the trial court erred in not according the appellants an opportunity to replead their cause of action to allege, if possible, the pre-agreement existence of a duty to provide such services free from the condition of annexation. See, e.g., Crews v. Ellis, 531 So. 2d 1372, 1375 (Fla. 1st DCA 1988) (where a complaint is not clearly un-amendable, it is error for the trial court to dismiss that complaint with prejudice).
Reversed and remanded for further proceedings not inconsistent with this opinion.
RYDER, A.C.J., and ALTENBERND, J., concur.
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fuller Crews, Sr. v. Ellis, 531 So. 2d 1372 (Fla. 1st DCA 1988)