Legal Opinion

Tucker v. Brennan

District Court of Appeal of Florida

Decided October 26, 1984No. 84-505PublishedCited by 2 opinions

1Opinion of the Court

BOARDMAN, Acting Chief Judge.

We reverse the trial court’s order dismissing with prejudice appellant’s initial complaint, which attempted to state a cause of action in legal malpractice. Although the trial court correctly ‘dismissed appellant’s complaint for its failure to state a cause of action, we believe the court *368erred in denying appellant an opportunity to amend. As this court observed in Vermont Mutual Insurance Co. v. Cummings, 372 So.2d 990, 991 (Fla. 2d DCA 1979), “[T]he law encourages liberality in permitting amendments to pleadings unless it is clearly made to appear that the…

2Cases cited3 opinions

  1. Delia & Wilson, Inc. v. WilsonDistrict Court of Appeal of Florida · 1984
  2. Hansen v. Central Adjustment Bureau, Inc.District Court of Appeal of Florida · 1977
  3. Vermont Mutual Insurance Co. v. CummingsDistrict Court of Appeal of Florida · 1979

3Cited by2 opinions

  1. Breakers of Fort Lauderdale, Ltd. v. CasselDistrict Court of Appeal of Florida · 1988
  2. Inland Materials, Inc. v. Superior Aircraft Hangars, Inc.District Court of Appeal of Florida · 1985

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