WORLD OMNI LEASING, INC., APPELLANT,
v.
FLORIDA NO-FAULT INSURANCE AGENCY, INC., FLORIDA FINANCIAL FACILITIES, INC., CLYDE LAMPKINS AND EVA LAMPKINS, INDIVIDUALLY AND AS HUSBAND AND WIFE, DEAN DARLINGTON AND ANN MARIE HUDSON, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court reversed the trial court's dismissal with prejudice of World Omni Leasing's fourth amended third-party complaint against Florida No-Fault Insurance Agency, holding that the allegations, though inartfully drawn, stated a cause of action and that dismissal for abuse of the amendment privilege was improper.
A complaint that is inartfully drawn but states a cause of action should not be dismissed with prejudice for abuse of the amendment privilege.
[1] A complaint that is inartfully drawn but alleges facts sufficient to state a cause of action should not be dismissed with prejudice for abuse of the amendment privilege.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceWorld Omni Leasing filed a fourth amended third-party complaint against Florida No-Fault Insurance Agency, Inc. The trial court dismissed the complain…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Abuse Of Privilege To Amend cases and more on FLexlaw
PER CURIAM.
World Omni Leasing, Inc., contends the trial court erred when it dismissed with prejudice its fourth amended third-party complaint against appellee, Florida No-Fault Insurance Agency, Inc. The allegations contained in appellant’s fourth amended complaint, though inartfully drawn, state a cause of action against appellee. See, e.g., Bay Garden Manor Condominium, Ass'n, Inc. v. James D. Marks Assoc., Inc., 576 So. 2d 744 (Fla. 3d DCA 1991); First State Sav. Bank v. Albright & Assoc. of Ocala, Inc., 561 So. 2d 1326 (Fla. 5th DCA), review denied, 576 So. 2d 284 (Fla.1990); First Fla. Bank, N.A. v. Max Mitchell & Co., 558 So. 2d 9 (Fla.1990); State Farm Life Ins. Co. v. Bass, 605 So. 2d 908 (Fla. 3d DCA 1992).
We also reject appellees’ argument that the trial court acted within its discretion when it dismissed appellant’s fourth amended complaint with prejudice because appellant abused its privilege to amend. See Dryden Waterproofing, Inc. v. Bogard, 488 So. 2d 672 (Fla. 4th DCA 1986).
Accordingly, we reverse the trial court’s order of dismissal with prejudice of appellant’s fourth amended third-party complaint against Florida No-Fault Insurance Agency, Inc., and remand this cause for further proceedings.
REVERSED and REMANDED.
DELL and GUNTHER, JJ., and ALDERMAN, JAMES E., Senior Justice, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- First Fla. Bank, N.A. v. MAX Mitchell & Co., 558 So. 2d 9 (Fla. 1990)
- Dryden Waterproofing, Inc. v. Bogard, 488 So. 2d 672 (Fla. 4th DCA 1986)
- BAY Garden Manor Condo. Ass'n, Inc. v. James D. Marks Assocs., Inc., 576 So. 2d 744 (Fla. 3d DCA 1991)
- First State Sav. Bank v. Albright & Assocs. OF Ocala, Inc., 561 So. 2d 1326 (Fla. 5th DCA 1990)
- State Farm Life Ins. Co. v. Bass, 605 So. 2d 908 (Fla. 3d DCA 1992)