National Shawmut Bank of Boston v. Woodard

On January 16, 1967, appellant filed a complaint in the circuit court of Dade County to establish a resulting trust. The appellee, the defendant below, moved to dismiss for failure to state a cause of action and on other grounds. The motion was granted, with leave to amend within 15 days. An amended complaint was timely filed. On January 9, 1968, a motion of the defendant to dismiss the amended complaint was granted. That order allowed plaintiff to further amend within 15 days and provided that upon failure to so amend “the cause should stand dismissed, with prejudice”.

Plaintiff did not amend…