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Beauregard v. City of Miami

District Court of Appeal of Florida, Third District
May 29, 1979
371 So. 2d 233 (Fla. Dist. Ct. App. 1979)

Opinion

No. 78-2088.

May 29, 1979.

Appeal from Circuit Court, Dade County; Harold R. Vann, Judge.

Terrance J. McWilliams and Andrew H. Boros, Miami, for appellant.

Goodwin, Ryskamp, Welcher Carrier and Arthur M. Simon, Miami, for appellee.

Before PEARSON, HUBBART and SCHWARTZ, JJ.


The order dismissing the appellant's complaint with prejudice is reversed and the cause remanded to the trial court with directions to dismiss the said complaint with leave to amend based on the authority of Commercial Carrier Corp. v. Indian River County, 371 So.2d 1010 (Fla. 1979); Blackburn v. Dorta, 348 So.2d 287 (Fla. 1977); Petterson v. Concrete Construction, Inc., 202 So.2d 191, 197-98 (Fla. 4th DCA 1967); Fla.R.Civ.P. 1.190(a). Save for the failure to allege proper notice to the appellee pursuant to Section 768.28(6), Florida Statutes (1977), which omission could be cured upon proper amendment, it is our view that the complaint herein states a proper cause of action sounding in negligence against the appellee. It was, accordingly, reversible error to dismiss the appellant's complaint with prejudice.

Reversed and remanded.


Summaries of

Beauregard v. City of Miami

District Court of Appeal of Florida, Third District
May 29, 1979
371 So. 2d 233 (Fla. Dist. Ct. App. 1979)
Case details for

Beauregard v. City of Miami

Case Details

Full title:DWAYNE BEAUREGARD, APPELLANT, v. CITY OF MIAMI, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: May 29, 1979

Citations

371 So. 2d 233 (Fla. Dist. Ct. App. 1979)