Garrett v. Roca

Full title: ROY GARRETT AND BETTYE GARRETT, HIS WIFE; THOMAS B. WADSWORTH AND GLORIA…

Court: District Court of Appeal of Florida, Third District

Date published: Nov 12, 1980

390 So. 2d 146 (Fla. Dist. Ct. App. 1980)

Opinion

No. 80-446.

November 12, 1980.

Appeal from Circuit Court, Dade County; Rhea P. Grossman, Judge.

Becker, Poliakoff Streitfeld and Robert J. Manne, Fort Lauderdale, for appellants.

James F. Comander, Miami, for appellees.

Before HENDRY, SCHWARTZ and NESBITT, JJ.

PER CURIAM.

Reversed, and remanded with leave to amend appellants' complaint. See Plyser v. Hados, 388 So.2d 1284 (Fla.3d DCA 1980).

SCHWARTZ, Judge (dissenting in part).

I believe the complaint, as it stands, more than adequately alleges a cause of action against the individual defendants. Avila South Condominium Ass'n. v. Kappa Corp., 347 So.2d 599 (Fla. 1977); B J Holding Corp. v. Weiss, 353 So.2d 141 (Fla.3d DCA 1977). I would therefore reverse the judgment below outright and remand for further proceedings without the requirement of amendment.