From Casetext: Smarter Legal Research

Tucker v. Brennan

District Court of Appeal of Florida, Second District
Oct 26, 1984
458 So. 2d 367 (Fla. Dist. Ct. App. 1984)

Opinion

No. 84-505.

October 26, 1984.

Appeal from the Circuit Court, Polk County, Randall McDonald, J.

Joseph Tucker, pro se.

Vaughn C. Brennan, Lakeland, pro se.


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 erred 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 deficiencies of the pleading cannot be cured." See Delia Wilson, Inc. v. Wilson, 448 So.2d 621 (Fla. 4th DCA 1984); Hansen v. Central Adjustment Bureau, 348 So.2d 608 (Fla. 4th DCA 1977).

Because no such showing was made in the instant case, we reverse and remand with instructions to grant appellant a reasonable opportunity to amend his complaint.

DANAHY and LEHAN, JJ., concur.


Summaries of

Tucker v. Brennan

District Court of Appeal of Florida, Second District
Oct 26, 1984
458 So. 2d 367 (Fla. Dist. Ct. App. 1984)
Case details for

Tucker v. Brennan

Case Details

Full title:JOSEPH TUCKER, APPELLANT, v. VAUGHN C. BRENNAN, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Oct 26, 1984

Citations

458 So. 2d 367 (Fla. Dist. Ct. App. 1984)

Citing Cases

Inland Materials v. Super. Aircraft

The general rule in Florida is that as to amendments to pleadings, a court abuses its discretion if it does…

Breakers of Fort Lauderdale v. Cassel

We therefore reverse the dismissal with directions to permit plaintiff to amend. See Tucker v. Brennan, 458…