Hemisphere Warehouses, Inc. v. Cayhold Ltd.
438 So. 2d 988, 1983 Fla. App. LEXIS 24507
District Court of Appeal of Florida·Decided October 11, 1983·No. No. 83-999·Published·Cited by 1 cases
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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Hemisphere Warehouses, Inc. v. Cayhold Ltd., 438 So. 2d 988, 1983 Fla. App. LEXIS 24507 (Fla. Ct. App. 1983).
438 So. 2d 988 (Hemisphere Warehouses, Inc. v. Cayhold Ltd.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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