Wallin v. McCollem

District Court of Appeal of Florida

Wallin v. McCollem

583 So. 2d 821, 1991 Fla. App. LEXIS 8396, 1991 WL 158577

CourtDistrict Court of Appeal of Florida

DecidedAugust 21, 1991

DocketNo. 90-2488

StatusPublished

This text of 583 So. 2d 821 (Wallin v. McCollem) 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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Wallin v. McCollem, 583 So. 2d 821, 1991 Fla. App. LEXIS 8396, 1991 WL 158577 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

Although we find no error in the trial court’s dismissal of appellant’s complaint, we agree with appellant that she should have been given an additional opportunity to amend her complaint to attempt to state a cause of action for breach of the written contingency agreement. Appellant filed a rambling, multi-count complaint that would hardly serve as a model for modern pleadings. Nevertheless, appellant represented to the trial court and has represented to this court that a cause of action could be alleged. We believe one last opportunity should be afforded appellant to allege a clear legal claim against appellees.

Accordingly, we remand with directions that appellant be granted leave to file an amended complaint attempting to state a cause of action for breach of a written contingency agreement within a specified amount of time, and for further proceedings as appropriate thereafter.

GLICKSTEIN, C.J., ANSTEAD, J., and OFTEDAL, RICHARD L., Associate Judge, concur.

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PER CURIAM.

Although we find no error in the trial court’s dismissal of appellant’s complaint, we agree with appellant that she should have been given an additional opportunity to amend her complaint to attempt to state a cause of action for breach of the written contingency agreement. Appellant filed a rambling, multi-count complaint that would hardly serve as a model for modern pleadings. Nevertheless, appellant represented to the trial court and has represented to this court that a cause of action could be alleged. We believe one last opportunity should be afforded appellant to allege a clear legal claim against appellees.

Accordingly, we remand with directions that appellant be granted leave to file an amended complaint attempting to state a cause of action for breach of a written contingency agreement within a specified amount of time, and for further proceedings as appropriate thereafter.

GLICKSTEIN, C.J., ANSTEAD, J., and OFTEDAL, RICHARD L., Associate Judge, concur.

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Bluebook (online)

583 So. 2d 821, 1991 Fla. App. LEXIS 8396, 1991 WL 158577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallin-v-mccollem-fladistctapp-1991.