Restoraton I of the Treasure Coast a/a/o Jay Dawley v. First Protective Insurance Company d/b/a Frontline Homeowners Insurance

District Court of Appeal of Florida

Restoraton I of the Treasure Coast a/a/o Jay Dawley v. First Protective Insurance Company d/b/a Frontline Homeowners Insurance

152 So. 3d 859, 2014 Fla. App. LEXIS 20461, 2014 WL 7150467

CourtDistrict Court of Appeal of Florida

DecidedDecember 17, 2014

Docket4D14-2614

StatusPublished

This text of 152 So. 3d 859 (Restoraton I of the Treasure Coast a/a/o Jay Dawley v. First Protective Insurance Company d/b/a Frontline Homeowners Insurance) 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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Restoraton I of the Treasure Coast a/a/o Jay Dawley v. First Protective Insurance Company d/b/a Frontline Homeowners Insurance, 152 So. 3d 859, 2014 Fla. App. LEXIS 20461, 2014 WL 7150467 (Fla. Ct. App. 2014).

Pincite

Opinion

PER CURIAM.

The petition for second-tier certiorari review is granted. In affirming the county court’s dismissal of the action, the circuit court applied the “tipsy coachman” rule and reasoned that the petition should have been dismissed for failure to attach a copy of the insurance policy to the complaint as required under Florida Rule of Civil Procedure 1.130(a). The circuit court’s opinion departs from the essential requirements of law and fails to apply the correct law because it does not provide that the dismissal in this situation should be with leave to amend. Conklin v. Cohen, 287 So.2d 56, 60 (Fla.1973). The circuit court “should have remanded the cause with instructions that the complaint be dismissed with leave to amend so as to allow compliance with the rule.” Id. The plaintiff did not waive its right to amend as to this ground for dismissal. Accordingly, the petition is granted, and the circuit court’s opinion is quashed.

Petition for writ of certiorari granted.

DAMOORGIAN, C.J., LEVINE and CONNER, JJ., concur.

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PER CURIAM.

The petition for second-tier certiorari review is granted. In affirming the county court’s dismissal of the action, the circuit court applied the “tipsy coachman” rule and reasoned that the petition should have been dismissed for failure to attach a copy of the insurance policy to the complaint as required under Florida Rule of Civil Procedure 1.130(a). The circuit court’s opinion departs from the essential requirements of law and fails to apply the correct law because it does not provide that the dismissal in this situation should be with leave to amend. Conklin v. Cohen, 287 So.2d 56, 60 (Fla.1973). The circuit court “should have remanded the cause with instructions that the complaint be dismissed with leave to amend so as to allow compliance with the rule.” Id. The plaintiff did not waive its right to amend as to this ground for dismissal. Accordingly, the petition is granted, and the circuit court’s opinion is quashed.

Petition for writ of certiorari granted.

DAMOORGIAN, C.J., LEVINE and CONNER, JJ., concur.

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Bluebook (online)

152 So. 3d 859, 2014 Fla. App. LEXIS 20461, 2014 WL 7150467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/restoraton-i-of-the-treasure-coast-aao-jay-dawley-v-first-protective-fladistctapp-2014.

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