QUINLAN v. MOTT

Citation Codes

Equivalent Citations

citation codes

Docket Number

Nos. 79-714/T 4-474; 79-715/T 4-474A.

Attorney(S)

James O. Cunningham, Law Offices of Fisher Matthews, Altamonte Springs, for appellants. David C. Chafin, Orlando, for appellee, The Edward J. DeBartolo Corp., d/b/a The Altamonte Mall.

Judges

DAUKSCH, Judge.

See more information ...

Smart Summary

Please sign up to generate summary.

MARY QUINLAN AND RAYMOND QUINLAN, HER HUSBAND, APPELLANTS, v. STANLEY MOTT, AS FATHER AND NATURAL GUARDIAN OF JOHN MOTT, A MINOR, THE EDWARD J. DeBARTOLO CORPORATION, D/B/A ALTAMONTE MALL, APPELLEES. ANN WELTMAN AND FRANK WELTMAN, HER HUSBAND, APPELLANTS,

DAUKSCH, Judge.

This is an appeal from an order dismissing a complaint without leave to amend. It is apparent the deficiencies in the complaint can probably be cured by amendment without any essential departure from the facts already alleged. Thus, although the trial court correctly granted the appellee's motion to dismiss, the order should have been with leave to amend. Florida Rules of Civil Procedure 1.190. Petterson v. Concrete Construction, Inc., 202 So.2d 191 (Fla. 4th DCA 1967).

REVERSED and REMANDED.

DOWNEY, JAMES C., and BERANEK, JOHN R., Associate Judges, concur.

MARY QUINLAN AND RAYMOND QUINLAN, HER HUSBAND, APPELLANTS, v. STANLEY MOTT, AS FATHER AND NATURAL GUARDIAN OF JOHN MOTT, A MINOR, THE EDWARD J. DeBARTOLO CORPORATION, D/B/A ALTAMONTE MALL, APPELLEES. ANN WELTMAN AND FRANK WELTMAN, HER HUSBAND, APPELLANTS,

Comments