BYRON RADAKER, APPELLANT,
v.
HOUSTON, COOPER, SHAHADY & FRAZIER, P.A., ETC., ET AL., APPELLEES
Explore caselaw by topic → Browse Failure To State A Cause Of Action cases and more on FLexlaw
PER CURIAM.
Appellant in his second amended verified complaint alleged claims for legal malpractice, breach of fiduciary duty and civil conspiracy. He appeals from the trial court’s order of dismissal with prejudice. We affirm the trial court’s dismissal of these counts for failure to state causes of action. See Romans v. Warm Mineral Springs, Inc., 155 So. 2d 183 (Fla. 2d DCA1963); Roger Lee, Inc. v. Trend Mills, Inc., 410 F. 2d 928 (5th Cir.1969). However, based upon the trial court’s earlier order denying appellees’ motion to dismiss appellant’s amended verified complaint, we hold the trial court abused its discretion when it dismissed appellee’s second amended verified complaint with prejudice. Accordingly, we reverse the trial court’s order of dismissal with prejudice and remand this cause to the trial court with instructions to allow appellant leave to amend his complaint.
AFFIRMED IN PART, REVERSED IN PART and REMANDED with instructions consistent herewith.
GLICKSTEIN, C.J., and DELL and STONE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Eagletech Commc'ns, Inc. v. Bryn Mawr Inv. Grp., Inc., 79 So. 3d 855 (Fla. 4th DCA 2012)…les that a complaint is legally sufficient, a successor judge later determines that an amended complaint which retains the same counts and factual allegations fails to state a cause of action. See Radaker v. Houston, Cooper, Shahady & Frazier, P.A., 608 So. 2d 940-41 (Fla. 4th DCA 1992) (“However, based upon the trial court’s earlier order denying appellees’ motion to dismiss appellant’s amended verified complaint, we hold the trial court abused its discretion when it dismissed appellee’s second amended verif…
Authorities Cited
- Romans v. Warm Mineral Springs, Inc., 155 So. 2d 183 (Fla. 2d DCA 1963)
- Roger LEE, Inc. v. Trend Mills, Inc., 410 F.2d 928 (5th Cir. 1969)