Canty v. Atlas Auto Storage, Inc.

District Court of Appeal of Florida

Canty v. Atlas Auto Storage, Inc.

325 So. 2d 23, 1976 Fla. App. LEXIS 15214

CourtDistrict Court of Appeal of Florida

DecidedJanuary 16, 1976

DocketNo. 75-411

StatusPublished

This text of 325 So. 2d 23 (Canty v. Atlas Auto Storage, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Canty v. Atlas Auto Storage, Inc., 325 So. 2d 23, 1976 Fla. App. LEXIS 15214 (Fla. Ct. App. 1976).

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Opinion

PER CURIAM.

Upon, examination of the pleadings and record in this cause and upon review of [24]*24the applicable authorities, we are of the opinion that the allegations contained in plaintiff’s amended complaint were sufficient to state a cause of action. Fontainebleau Hotel Corp. v. Walters, Fla.1971, 246 So.2d 563.

Accordingly, the order of dismissal with prejudice is vacated and set aside and the cause remanded to the trial court with respectful directions to entertain the filing of plaintiff’s second amended complaint and for further proceedings not inconsistent herewith. See Town of Micanopy v. Connell, Fla.App. 1st, 1974, 304 So.2d 478.

MAGER and DOWNEY, JJ., and TED-DER, GEORGE W., Jr., Associate Judge, concur.

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PER CURIAM.

Upon, examination of the pleadings and record in this cause and upon review of [24]*24the applicable authorities, we are of the opinion that the allegations contained in plaintiff’s amended complaint were sufficient to state a cause of action. Fontainebleau Hotel Corp. v. Walters, Fla.1971, 246 So.2d 563.

Accordingly, the order of dismissal with prejudice is vacated and set aside and the cause remanded to the trial court with respectful directions to entertain the filing of plaintiff’s second amended complaint and for further proceedings not inconsistent herewith. See Town of Micanopy v. Connell, Fla.App. 1st, 1974, 304 So.2d 478.

MAGER and DOWNEY, JJ., and TED-DER, GEORGE W., Jr., Associate Judge, concur.

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325 So. 2d 23, 1976 Fla. App. LEXIS 15214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/canty-v-atlas-auto-storage-inc-fladistctapp-1976.

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