Plant v. Decker

DANAHY, Judge.

The appellants seek review of an order dismissing their amended complaint without leave to amend. We reverse.

Leave to amend should not be denied unless the privilege has been abused or the complaint is clearly not amendable. Osborne v. Delta Maintenance & Welding, Inc., 365 So.2d 425 (Fla. 2d DCA 1978). Neither of those circumstances is present in this case. Although parents have no right of action for the wrongful death of a stillborn fetus,1 they may pursue any personal claims they may have. Hernandez v. Garwood, 390 So.2d 357 (Fla.1980). Much of the appellants’ amended…