Kraff v. Garfield

District Court of Appeal of Florida

Kraff v. Garfield

201 So. 2d 96, 1967 Fla. App. LEXIS 4576

District Court of Appeal of Florida·Decided July 11, 1967·No. No. 66-947·Published

Opinion

PER CURIAM.

By this appeal, we are called upon to test the sufficiency of an amended complaint filed by the appellant-plaintiff against the appellee-defendant. The amended complaint set forth alleged gross negligence under Fla.Stat. § 320.59, F.S.A., on the part of the defendant while operating a motor vehicle, causing an accident and injuries to the appellant.

We find that the amended complaint states a cause of action. Therefore, we reverse the final order here under review, dismissing the amended complaint with prejudice, upon the authority of Faircloth v. Hill, Fla.1956, 85 So.2d 870; Farrey v. Bettendorf, Fla.1957, 96 So.2d 889; Carraway v. Revell, Fla.1959, 116 So.2d 16.

Reversed and remanded for further proceedings.

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PER CURIAM.

By this appeal, we are called upon to test the sufficiency of an amended complaint filed by the appellant-plaintiff against the appellee-defendant. The amended complaint set forth alleged gross negligence under Fla.Stat. § 320.59, F.S.A., on the part of the defendant while operating a motor vehicle, causing an accident and injuries to the appellant.

We find that the amended complaint states a cause of action. Therefore, we reverse the final order here under review, dismissing the amended complaint with prejudice, upon the authority of Faircloth v. Hill, Fla.1956, 85 So.2d 870; Farrey v. Bettendorf, Fla.1957, 96 So.2d 889; Carraway v. Revell, Fla.1959, 116 So.2d 16.

Reversed and remanded for further proceedings.

Kraff v. Garfield, 201 So. 2d 96, 1967 Fla. App. LEXIS 4576 (Fla. Ct. App. 1967).

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Opinion

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