Jones v. City of Homestead

District Court of Appeal of Florida

Jones v. City of Homestead

408 So. 2d 618, 1981 Fla. App. LEXIS 22008

CourtDistrict Court of Appeal of Florida

DecidedDecember 15, 1981

DocketNo. 81-225

StatusPublished

Cited by1 cases

This text of 408 So. 2d 618 (Jones v. City of Homestead) 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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Jones v. City of Homestead, 408 So. 2d 618, 1981 Fla. App. LEXIS 22008 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

Rudolph Jones appeals from an adverse summary judgment and from a subsequent denial of his motion to amend his complaint. We reverse. The summary judgment herein was based entirely on the plaintiff’s failure to state a cause of action against the City of Homestead in his complaint and, under the circumstances, it was reversible error for the trial court to deny the plaintiff an opportunity to cure this pleading defect by filing an amended complaint. Hart Properties, Inc. v. Slack, 159 So.2d 236 (Fla.1963); Purinson v. Antenna Specialists, Co., 408 So.2d 618 (Fla.3d DCA 1981); Plyser v. Hados, 388 So.2d 1284 (Fla.3d DCA 1980).

Reversed.

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PER CURIAM.

Rudolph Jones appeals from an adverse summary judgment and from a subsequent denial of his motion to amend his complaint. We reverse. The summary judgment herein was based entirely on the plaintiff’s failure to state a cause of action against the City of Homestead in his complaint and, under the circumstances, it was reversible error for the trial court to deny the plaintiff an opportunity to cure this pleading defect by filing an amended complaint. Hart Properties, Inc. v. Slack, 159 So.2d 236 (Fla.1963); Purinson v. Antenna Specialists, Co., 408 So.2d 618 (Fla.3d DCA 1981); Plyser v. Hados, 388 So.2d 1284 (Fla.3d DCA 1980).

Reversed.

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408 So. 2d 618, 1981 Fla. App. LEXIS 22008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-city-of-homestead-fladistctapp-1981.

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