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714 So. 2d 1217·
Fla. 2d DCA·
1998-08-12
·cited 36×
A dentist appealed the dismissal with prejudice of his complaint against an individual defendant. The court held that the trial court abused its discretion by dismissing with prejudice without giving the plaintiff an opportunity to amend, and reversed and remanded the case.
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651 So. 2d 1295·
Fla. 5th DCA·
1995-03-17
·cited 29×
Lawrence Orbe appeals the dismissal with prejudice of his petition for dissolution of marriage after the trial court quashed service on his wife Lee and found lack of subject matter jurisdiction. The Fifth District Court of Appeal affirmed the quashing of service but reversed the
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375 So. 2d 51·
Fla. 2d DCA·
1979-09-19
·cited 20×
Appellant sought review of a trial court's order dismissing with prejudice a negligence complaint as a sanction for appellant's attorney's failure to produce a tape recording ordered by the court. The appellate court reversed, holding that dismissal with prejudice was too severe
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767 So. 2d 549·
Fla. 3d DCA·
2000-08-23
·cited 12×
National Loan Investors appealed the dismissal with prejudice of its third amended complaint in a mortgage foreclosure action. The court reversed, holding that dismissal with prejudice was an abuse of discretion because NLI could amend its complaint to allege the elements necessa
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838 So. 2d 1249·
Fla. 2d DCA·
2003-03-12
·cited 11×
Charles Kohler appeals the trial court's dismissal of his complaint for failure to serve the defendant within 120 days of filing. The District Court of Appeal reversed, holding that Kohler demonstrated good cause and excusable neglect, and even without such showing, the trial cou
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630 So. 2d 1197·
Fla. 3d DCA·
1994-01-18
·cited 9×
Spancrete, a subcontractor on a construction project, sued architect Ronald E. Frazier & Associates for negligent supervision. The Florida Supreme Court's recent decision in Casa Clara confined the supervising architect duty of care recognized in A.R. Moyer strictly to its facts,
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992 So. 2d 302·
Fla. 3d DCA·
2008-09-24
·cited 6×
Coral Gables Distribution and Christopher Jester appealed the dismissal of their legal malpractice and fraud complaint against attorney Lee Milich. The Third District Court of Appeal affirmed the dismissal with prejudice, finding that the seventh iteration of the complaint failed
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656 So. 2d 627·
Fla. 4th DCA·
1995-07-05
·cited 4×
Harper Companies appealed the dismissal of their second amended complaint against attorneys and a judgment creditor who allegedly orchestrated a wrongful seizure of consignment merchandise. The Fourth District reversed in part, holding that while the intentional infliction of emo
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624 F.2d 450·
3d Cir.·
1980-06-30
·cited 4×
The court held that while the claim regarding violations of the consent decree should be heard by the supervising Alabama court, the claims of Title VII violations, failure to represent, and conspiracy should be heard by the Pennsylvania district court.
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228 So. 3d 679·
Fla. 2d DCA·
2017-10-11
·cited 2×
Christina Paylan appealed the dismissal of her civil claims against state prosecutors for narcotics investigation and prosecution. The court affirmed dismissal of most counts but reversed the dismissal of Fourth Amendment and tortious interference claims against individual Assist
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34 So. 3d 88·
Fla. 3d DCA·
2010-04-07
Ms. Amaran, as guardian of her disabled daughter, sued Dr. Marath and others for injuries from a cardiac arrest on a cruise ship. The trial court dismissed the action for failure to serve Dr. Marath within 120 days, but the appeals court reversed, holding that the trial court abu