KINGDREL N. AYERS, APPELLANT,
v.
HOME OWNERS ASSOCIATION OF KILLEARN ESTATES, APPELLEE
Explore caselaw by topic → Browse Ultimate Facts cases and more on FLexlaw
BOYER, Judge.
Plaintiff (appellant here) appeals an order dismissing his complaint with prejudice.
Plaintiff filed a complaint seeking injunctive relief to restrain the Association (appellee here) from using assessments received from members to pay the legal fee of an attorney in connection with a class action suit filed by the members of the Association against Killearn Properties, Inc. The Association filed a motion to dismiss. Thereafter the court entered an order finding that the complaint failed to alleged irreparable injury or any ultimate facts which could allow the court to conclude that any basis for injunctive relief existed. We hold the trial court abused its discretion in failing to give plaintiff at least one chance to amend his complaint.
Accordingly, the order of dismissal with prejudice is reversed and this case is remanded to the trial court with directions that the plaintiff be allowed a reasonable time within which to amend.
It is so ordered.
McCORD, C. J., and MELVIN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Orbe v. Orbe, 651 So. 2d 1295 (Fla. 5th DCA 1995)…ne time has been held to be an abuse of discretion, particularly where it is not clear the complaint could not be made more definite and certain. Tucker v. Bray, 458 So. 2d 841 (Fla. 2d DCA 1984); Ayers v. Home Owners Association of Killeam Estates, 360 So. 2d 1326 (Fla. 1st DCA 1978); Volpicella v. Volpicella, 136 So. 2d 231 (Fla. 2d DCA 1962). In this ease, it is clear the petition could have been corrected by the inclusion of the language “immediately prior to filing the petition.” In all other respects the…
-
Townsend v. Ward, 429 So. 2d 404 (Fla. 1st DCA 1983)…un, Ltd., 408 So. 2d 679, 680 (Fla. 1st DCA 1982). As we have previously recognized, a trial court may abuse its discretion if it fails to give a plaintiff “at least one chance to amend his complaint.” Ayers v. Home Owners Ass’n of Killearn Estates, 360 So. 2d 1326 (Fla. 1st DCA 1978). Accord, Lewis v. Howanitz, 378 So. 2d 310 (Fla. 3d DCA 1979). Ward counters that as the case progresses, the liberality with which amendments are to be allowed diminishes. See, Alvarez v. DeAguirre, 395 So. 2d 213, 216 (Fla. 3d…
-
Dingess v. Fla. Aircraft Sales & Leasing, Inc., 442 So. 2d 431 (Fla. 5th DCA 1983)…on by failing to grant the appellant at least one chance to [*432] amend his complaint. Townsend v. Ward, 429 So. 2d 404 (Fla. 1st DCA 1983); Lewis v. Howanitz, 378 So. 2d 310 (Fla. 3d DCA 1979); Ayers v. Home Owners Association of Killearn Estates, 360 So. 2d 1326 (Fla. 1st DCA 1978). Leave to amend shall be given freely when justice so requires and it should not be denied unless the privilege has been abused or the complaint is clearly not amendable. Fla.R.Civ.P. 1.190(a). REVERSED and REMANDED. COBB, J.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence