MICHAEL WEINER, M.D., APPELLANT,
v.
LOZMAN AND WEINBERG, P.A., AND HARVEY LOZMAN, INDIVIDUALLY, APPELLEES
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PER CURIAM.
Appellant seeks reversal of the trial court’s order dismissing his complaint with prejudice.
The complaint alleged that the defendants, Lozman and Weinberg entered into and breached a written employment agreement with the plaintiff and that defendant, Harvey Lozman tortiously interfered with such agreement.
Attached to the complaint was a copy of the alleged contract which showed on its face that it was not signed by all of the parties charged.
The defendants moved to dismiss the complaint on the grounds that it failed to state a cause of action upon which relief could be granted. The court granted their motion to dismiss with prejudice.
Appellant contends that the trial court erred in dismissing the complaint for failure to state a cause of action. We find this contention to be without merit. However, there is merit in appellant’s contention that the trial judge should not have dismissed the complaint with prejudice. He should have been given leave to amend. Town of Micanopy v. Connell, 304 So. 2d 478 (Fla. 1st DCA 1974).
Affirmed in part and reversed in part, with directions to allow plaintiff to amend his complaint.
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Brook v. Protean Invs., Inc., 373 So. 2d 440 (Fla. 3d DCA 1979)…PER CURIAM. Affirmed. Clifford Ragsdale, Inc. v. Morganti, Inc., 356 So. 2d 1321 (Fla. 4th DCA 1978); Neida’s Boutique, Inc. v. Gabor and Company, 348 So. 2d 1196 (Fla. 3d DCA 1977); Weiner v. Lozman and Weinberg, P. A., 340 So. 2d 1247 (Fla. 3d DCA 1976); Miami Auto Auction, Inc. v. Friendly Enterprises, Inc., 257 So. 2d 69 (Fla. 3d DCA 1972); Reynolds v. Deep South Sports, Inc., 211 So. 2d 37 (Fla. 2d DCA 1968).…
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Dewitt v. Rossi, 559 So. 2d 659 (Fla. 5th DCA 1990)…. Schumacher, 355 So. 2d 861 (Fla. 3d DCA), cert. denied, 361 So. 2d 833 (Fla.1978); Neida’s Boutique, Inc. v. Gabor and Company, Inc., 348 So. 2d 1196 (Fla. 3d DCA 1977), cert. denied, 366 So. 2d 883 (Fla.1978); Weiner v. Lozman and Weinberg, P.A., 340 So. 2d 1247 (Fla. 3d DCA 1976); Miami Auto Auction, Inc. v. Friendly Enterprises, Inc., 257 So. 2d 69 (Fla. 3d DCA 1972); Lasley v. Cushing, 244 So. 2d 770 (Fla. 1st DCA 1971); E & E Electric Contractors, Inc. v. Singer, 236 So. 2d 195 (Fla. 3d DCA), cert. dism…
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Simonin v. Sims, 456 So. 2d 499 (Fla. 4th DCA 1984)…of amendment of the appellant’s complaint, especially in light of the liberality afforded in permitting amendments. Fla.R.Civ.P. 1.110(d) (1983); see, e.g., Enstrom v. Dixon, 354 So. 2d 1251 (Fla. 4th DCA 1978); Weiner v. Lozman and Weinberg, P.A., 340 So. 2d 1247 (Fla. 3d DCA 1976). REVERSED AND REMANDED. DAUKSCH, JAMES C., and PURDY, H. MARK, Associate Judges, concur. . See Cazares v. Church of Scientology ' of Cal., 444 So. 2d 442 (Fla. 5th DCA 1983); Rest v. Nathanson, 216 So. 2d 233 (Fla. 4th DCA 1968…
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- Parker v. State, 304 So. 2d 478 (Fla. 1st DCA 1974)
- Town OF Micanopy v. Connell, 304 So. 2d 478 (Fla. 1st DCA 1974)