Deauville Operating Corp. v. Town & Beach Plumbing Co.

District Court of Appeal of Florida

Deauville Operating Corp. v. Town & Beach Plumbing Co.

137 So. 2d 872

CourtDistrict Court of Appeal of Florida

DecidedFebruary 19, 1962

DocketNo. 61-379

StatusPublished

Cited by1 cases

This text of 137 So. 2d 872 (Deauville Operating Corp. v. Town & Beach Plumbing Co.) 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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Deauville Operating Corp. v. Town & Beach Plumbing Co., 137 So. 2d 872 (Fla. Ct. App. 1962).

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Opinion

PER CURIAM.

Appellant, Deauville Operating Corp. was plaintiff in a cause of action against appel-lee, Town and' Beach Plumbing Co., Inc. During the pleading stage appellant moved to amend its complaint by adding parties plaintiff. Pursuant to an order granting the amendment, plaintiff amended by the addition of “J. A. Wittels, Ivar J. Blacker, Alan J. Cohen, Rubin Zerlin, Trustee, R. S. Levy, Richard Rubin, Adele Rubin, Bennet Lifter and Erwin J. Fried, partners d/b/a Hotel Deauville Operating Company”. The appellant was also a member of the partnership. Appellee takes the position that by adding the other members of the partnership that the suit then became one by the partnership and that by such amendment the Deauville Corp. abandoned its separate claim against the defendant notwithstanding the fact that the complaint asked for damages by the corporation and the partnership. Appellant contends that the amendment was made with the intention of adding the partnership as a party plaintiff and that there was never any intention of dropping Deauville Corp. as a plaintiff.

Our study of the record fully supports appellant’s contention. Accordingly we hold that it was error for the lower court to have dismissed appellant’s cause of action. See 30 F.S.A., Rules of Civil Procedure, Rule 1.18.

The order is reversed and the cause is reinstated.

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PER CURIAM.

Appellant, Deauville Operating Corp. was plaintiff in a cause of action against appel-lee, Town and' Beach Plumbing Co., Inc. During the pleading stage appellant moved to amend its complaint by adding parties plaintiff. Pursuant to an order granting the amendment, plaintiff amended by the addition of “J. A. Wittels, Ivar J. Blacker, Alan J. Cohen, Rubin Zerlin, Trustee, R. S. Levy, Richard Rubin, Adele Rubin, Bennet Lifter and Erwin J. Fried, partners d/b/a Hotel Deauville Operating Company”. The appellant was also a member of the partnership. Appellee takes the position that by adding the other members of the partnership that the suit then became one by the partnership and that by such amendment the Deauville Corp. abandoned its separate claim against the defendant notwithstanding the fact that the complaint asked for damages by the corporation and the partnership. Appellant contends that the amendment was made with the intention of adding the partnership as a party plaintiff and that there was never any intention of dropping Deauville Corp. as a plaintiff.

Our study of the record fully supports appellant’s contention. Accordingly we hold that it was error for the lower court to have dismissed appellant’s cause of action. See 30 F.S.A., Rules of Civil Procedure, Rule 1.18.

The order is reversed and the cause is reinstated.

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137 So. 2d 872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deauville-operating-corp-v-town-beach-plumbing-co-fladistctapp-1962.

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