Vermont Mutual Insurance Co. v. Cummings

OTT, Judge.

Appellant sued for indemnification alleging settlement of a previous tort action. Appellees’ motion to dismiss was granted with prejudice.

We think the dismissal was warranted on the ground that the complaint fails to allege sufficient ultimate facts to show the relationship of the parties, the basis of liability and the amount of damages.

However, the law encourages liberality in permitting amendments to pleadings unless it is clearly made to appear that the deficiencies of the pleading cannot be cured. Hansen v. Central Adjustment Bureau, 348 So.2d 608-10 (Fla. 4th DCA 1977). No…