DEAUVILLE OPERATING CORP., A FLORIDA CORPORATION, APPELLANT,
v.
TOWN & BEACH PLUMBING CO., INC., A FLORIDA CORPORATION, APPELLEE
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This case concerns whether a corporation, by amending its complaint to add a partnership as a party plaintiff, abandoned its own separate claim. The appellate court held that the amendment was intended to add the partnership as a party, not to drop the corporation, and therefore the corporation's claim was improperly dismissed.
No, the amendment was intended to add the partnership as a party plaintiff, not to abandon the corporation's separate claim. Therefore, the dismissal of the corporation's cause of action was an error.
“Appellee takes the position that by adding the other members of the partnership that the suit then became one by the partnership and that by such amendment the Deauville Corp. abandoned its separate claim against the defendant notwithstanding the fact that the complaint asked for damages by the corporation and the partnership.”
This quote outlines the defendant's argument for why the corporation's claim should be considered abandoned.
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Join FLexlaw to unlock all legal intelligenceDeauville Operating Corp. (plaintiff) sued Town & Beach Plumbing Co., Inc. (defendant). The plaintiff moved to amend its complaint to add parties plai…
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Appellant, Deauville Operating Corp. was plaintiff in a cause of action against appel-lee, Town and' Beach Plumbing Co., Inc. During the pleading stage appellant moved to amend its complaint by adding parties plaintiff. Pursuant to an order granting the amendment, plaintiff amended by the addition of “J. A. Wittels, Ivar J. Blacker, Alan J. Cohen, Rubin Zerlin, Trustee, R. S. Levy, Richard Rubin, Adele Rubin, Bennet Lifter and Erwin J. Fried, partners d/b/a Hotel Deauville Operating Company”. The appellant was also a member of the partnership. Appellee takes the position that by adding the other members of the partnership that the suit then became one by the partnership and that by such amendment the Deauville Corp. abandoned its separate claim against the defendant notwithstanding the fact that the complaint asked for damages by the corporation and the partnership. Appellant contends that the amendment was made with the intention of adding the partnership as a party plaintiff and that there was never any intention of dropping Deauville Corp. as a plaintiff.
Our study of the record fully supports appellant’s contention. Accordingly we hold that it was error for the lower court to have dismissed appellant’s cause of action. See 30 F.S.A., Rules of Civil Procedure, Rule 1.18.
The order is reversed and the cause is reinstated.
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Town & Beach Plumbing Co. v. Deauville Operating Co., 143 So. 2d 648 (Fla. 1962)…Certiorari denied without opinion. 137 So. 2d 872.…