Dingess v. Fla. Aircraft Sales & Leasing, Inc., 442 So. 2d 431 (Fla. 5th DCA 1983). · Go Syfert
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Dingess v. Fla. Aircraft Sales & Leasing, Inc., 442 So. 2d 431 (Fla. 5th DCA 1983). Cases Citing This Book View Copy Cite
10 citation events (3 in the last 25 years) across 1 distinct court.
Strongest positive: Moore v. Liberty Mut. Ins. Co. (fladistctapp, 2008-08-29)
Top citers, strongest first. 3 distinct citers.
discussed Cited as authority (rule) Moore v. Liberty Mut. Ins. Co.
Fla. Dist. Ct. App. · 2008 · confidence medium
The court rejects the Plaintiff's argument that the Plaintiff should have been able to amend the Complaint or file a reply." A court should grant a party leave to amend the complaint "unless the privilege of amendment has been abused or it is clear that the complaint cannot be amended to state a cause of action." Trotter v. Ford Motor Credit Corp., 868 So.2d 593, 595 (Fla. 2d DCA 2004); Dingess v. Fla. Aircraft Sales & Leasing, Inc., 442 So.2d 431, 431-32 (Fla. 5th DCA 1983) (holding that circuit court erred in denying motion for leave to amend complaint and entering a judgment on the pleading…
discussed Cited as authority (rule) Hamide v. STATE, DEPT. OF CORRECTIONS
Fla. Dist. Ct. App. · 1989 · confidence medium
See Crews v. Ellis, 531 So.2d 1372, 1375 (Fla. 1st DCA 1988); Thompson v. McNeil Company, Inc., 464 So.2d 244 (Fla. 1st DCA 1985); Affordable Homes, Inc. v. Devil's Run, Ltd., 408 So.2d 679 (Fla. 1st DCA 1982); Town of Micanopy v. Connell, 304 So.2d 478 (Fla. 1st DCA 1984); Countryside Christian Center, Inc. v. City of Clearwater, 542 So.2d 1037 (Fla. 2d DCA 1989); Albrecht v. Board of Trustees of Internal Improvement Fund, 481 So.2d 555 (Fla. 2d DCA 1986); Dingess v. Florida Aircraft Sales & Leasing, Inc., *879 442 So.2d 431, 432 (Fla. 5th DCA 1983); Reid v. Reid, 396 So.2d 818 (Fla. 4th DCA)…
cited Cited "see" Forest Creek Dev. Co. v. Liberty Sav. & Loan Ass'n
Fla. Dist. Ct. App. · 1988 · signal: see · confidence high
See Dingess v. Florida Aircraft Sales and Leasing, Inc., 442 So.2d 431 (Fla. 5th DCA 1983).
James L. DINGESS, Appellant,
v.
FLORIDA AIRCRAFT SALES AND LEASING, INC., A Florida Corporation, Appellee.
83-582.
District Court of Appeal of Florida, Fifth District.
Dec 22, 1983.
442 So. 2d 431
Dauksch.
Cited by 9 opinions  |  Published

Leon M. Boyajan, II, of J. Russell Hornsby, P.A., Orlando, for appellant.

Gary E. Massey, of Massey, Alper & Walden, Altamonte Springs, for appellee.

DAUKSCH, Judge.

This is an appeal from an Order denying the appellant's Motion for Leave to File Amended Complaint and a judgment on the pleadings. We find that the trial court abused its discretion by failing to grant the appellant at least one chance to[*432] amend his complaint. Townsend v. Ward, 429 So.2d 404 (Fla. 1st DCA 1983); Lewis v. Howanitz, 378 So.2d 310 (Fla. 3d DCA 1979); Ayers v. Home Owners Association of Killearn Estates, 360 So.2d 1326 (Fla. 1st DCA 1978). Leave to amend shall be given freely when justice so requires and it should not be denied unless the privilege has been abused or the complaint is clearly not amendable. Fla.R.Civ.P. 1.190(a).

REVERSED and REMANDED.

COBB, J., and DIAMANTIS, Associate Judge, concur.