Beckler v. Hoffman

1 Citing case

  1. Fernandez v. Barry

    973 So. 2d 1240 (Fla. Dist. Ct. App. 2008)   Cited 2 times

    Dismissing an action with prejudice due to defective pleading is not proper unless the plaintiff has been given an opportunity to amend.") (citations omitted). In its dismissal, order the trial court cited Beckler v. Hoffman, 550 So.2d 68, 71 (Fla. 5th DCA 1989), but in that case the appellate court granted a pro se litigant another opportunity to amend after the dismissal of a second amended complaint. While it appears that the amended complaint, like the original complaint, may have contained lengthy narrative allegations, and voluminous and extraneous exhibits, dismissal is the ultimate sanction in the adversarial system and should be reserved for those aggravating circumstances in which a lesser sanction would fail to achieve a just result.