Corporate Center Associates, Inc. v. Singer , 584 So. 2d 119 ( 1991 )


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  • PER CURIAM.

    Appellant, Corporate Center Associates, Inc., appeals the dismissal with prejudice of its complaint to recover proceeds from a lease agreement. We reverse and remand.

    Appellant’s first amended complaint was dismissed for failure to state a cause of action. We reverse because we find that the complaint contained sufficient allegations to maintain a cause of action.

    A trial court abuses its discretion in dismissing a complaint with prejudice, without giving leave to amend, except where “there has been an abuse of the amendment privilege, or the complaint shows on its face that there is a deficiency which cannot be cured by amendment.” Affordable Homes v. Devil’s Run, Limited, 408 So.2d 679 (Fla. 1st DCA 1982).

    *120Accordingly we reverse and remand for further proceedings.

Document Info

Docket Number: No. 91-211

Citation Numbers: 584 So. 2d 119

Judges: Barkdull, Gersten, Levy

Filed Date: 8/6/1991

Precedential Status: Precedential

Modified Date: 7/29/2022