Manzur v. Greyhound Rent-A-Car, Inc.

District Court of Appeal of Florida

Manzur v. Greyhound Rent-A-Car, Inc.

479 So. 2d 854, 11 Fla. L. Weekly 22, 1985 Fla. App. LEXIS 17376

CourtDistrict Court of Appeal of Florida

DecidedDecember 17, 1985

DocketNo. 85-1281

StatusPublished

This text of 479 So. 2d 854 (Manzur v. Greyhound Rent-A-Car, Inc.) 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.

Bluebook

Manzur v. Greyhound Rent-A-Car, Inc., 479 So. 2d 854, 11 Fla. L. Weekly 22, 1985 Fla. App. LEXIS 17376 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

The trial court abused its discretion in failing to permit the appellant to file a second amended complaint which alleged that the plaintiff was induced to not read an agreement by representations which were contrary to the terms of the written agreement. The allegations are sufficient to withstand a motion to dismiss. Allied Van Lines, Inc. v. Bratton, 351 So.2d 344 (Fla.1977); All Florida Surety Company v. Coker, 88 So.2d 508 (Fla.1956); Osborne v. Delta Maintenance and Welding, Inc., 365 So.2d 425 (Fla.2d DCA 1978); Rule 1.190 Florida Rules of Civil Procedure. She should have been permitted to file the second amended complaint.

Reversed and remanded.

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PER CURIAM.

The trial court abused its discretion in failing to permit the appellant to file a second amended complaint which alleged that the plaintiff was induced to not read an agreement by representations which were contrary to the terms of the written agreement. The allegations are sufficient to withstand a motion to dismiss. Allied Van Lines, Inc. v. Bratton, 351 So.2d 344 (Fla.1977); All Florida Surety Company v. Coker, 88 So.2d 508 (Fla.1956); Osborne v. Delta Maintenance and Welding, Inc., 365 So.2d 425 (Fla.2d DCA 1978); Rule 1.190 Florida Rules of Civil Procedure. She should have been permitted to file the second amended complaint.

Reversed and remanded.

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Bluebook (online)

479 So. 2d 854, 11 Fla. L. Weekly 22, 1985 Fla. App. LEXIS 17376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manzur-v-greyhound-rent-a-car-inc-fladistctapp-1985.

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