Watier v. REW Crane Service, Inc.
District Court of Appeal of Florida
1Per curiam
Plaintiff, individually and as adminis-tratrix of her deceased son’s estate, appeals entry of final judgment after summary judgments for defendants, REW Crane Service, Inc., and Gold Coast Crane Service, Inc. We reverse.
The complexities of this action as revealed by the record demonstrate that *178plaintiff should have been afforded an opportunity to amend her complaint.
Where entry of summary judgment for a defendant is proper, nevertheless, if the record establishes that the plaintiff may have a viable claim if properly pleaded then opportunity should be afforded to amend the complaint. Such…
2Cases cited4 opinions
- Hart Properties, Inc. v. SlackSupreme Court of Florida · 1963
- Roberts v. BraynonSupreme Court of Florida · 1956
- Stephens v. DichtenmuellerSupreme Court of Florida · 1968
- Fouts v. MargulesDistrict Court of Appeal of Florida · 1957
3Cited by4 opinions
- Coudry v. City of TitusvilleDistrict Court of Appeal of Florida · 1983
- Gold Coast Crane Service, Inc. v. WatierSupreme Court of Florida · 1971
- Kolarik v. Rodgers Bros. Service, Inc.District Court of Appeal of Florida · 1972
- First National Bank of Tampa v. PappasDistrict Court of Appeal of Florida · 1979