Baird v. Continental Insurance Co.

Although agreeing that the trial court correctly granted the defendants’ motion for judgment on the pleadings, as same were then constituted, we feel that the justice of the cause requires that plaintiffs be given an opportunity to amend their complaint so that it might be determined if a proper way exists whereby plaintiffs may avoid the defects revealed in their complaint. See Rule 1.010 and Rule 1.190(e) Florida Rules of Civil Procedure, 30 F.S.A. and Sea Shore Motel Corporation v. Fireman’s Fund Insurance Company, Fourth District Court of Appeal, 233 So.2d 651, opinion filed March 16,…