Corporate Center Associates, Inc. v. Singer

District Court of Appeal of Florida

Corporate Center Associates, Inc. v. Singer

584 So. 2d 119, 1991 Fla. App. LEXIS 8143, 16 Fla. L. Weekly Fed. D 2057

CourtDistrict Court of Appeal of Florida

DecidedAugust 6, 1991

DocketNo. 91-211

StatusPublished

This text of 584 So. 2d 119 (Corporate Center Associates, Inc. v. Singer) 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.

Bluebook

Corporate Center Associates, Inc. v. Singer, 584 So. 2d 119, 1991 Fla. App. LEXIS 8143, 16 Fla. L. Weekly Fed. D 2057 (Fla. Ct. App. 1991).

Pincite

Opinion

PER CURIAM.

Appellant, Corporate Center Associates, Inc., appeals the dismissal with prejudice of its complaint to recover proceeds from a lease agreement. We reverse and remand.

Appellant’s first amended complaint was dismissed for failure to state a cause of action. We reverse because we find that the complaint contained sufficient allegations to maintain a cause of action.

A trial court abuses its discretion in dismissing a complaint with prejudice, without giving leave to amend, except where “there has been an abuse of the amendment privilege, or the complaint shows on its face that there is a deficiency which cannot be cured by amendment.” Affordable Homes v. Devil’s Run, Limited, 408 So.2d 679 (Fla. 1st DCA 1982).

[120]*120Accordingly we reverse and remand for further proceedings.

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