Hemisphere Warehouses, Inc. v. Cayhold Ltd.
This text of 438 So. 2d 988 (Hemisphere Warehouses, Inc. v. Cayhold Ltd.) 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.
Opinion
We agree that the complaint herein was properly dismissed for failure to state a cause of action but think that leave to amend should have been granted as it appears that the deficiency is curable by amendment. Leave to amend a complaint should be freely given when justice so requires. Fla.R.Civ.P. 1.190(a). But cf. De-Maris v. Asti, 426 So.2d 1153 (Fla. 3d DCA 1983) (leave to amend need not be granted when it is clear that the pleading deficiency is one which cannot be cured by amendment).
Reversed and remanded.
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Cite This Page — Counsel Stack
438 So. 2d 988, 1983 Fla. App. LEXIS 24507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hemisphere-warehouses-inc-v-cayhold-ltd-fladistctapp-1983.