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Lambrix v. Dugger

District Court of Appeal of Florida, First District
May 30, 1991
586 So. 2d 1071 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1532.

May 30, 1991.

An Appeal from the Circuit Court for Leon County, J. Lewis Hall, Judge.

Cary Michael Lambrix, pro se.

Michael Ingram, Asst. Atty. Gen., Tallahassee, for appellee.


Appellant seeks review of an order which granted judgment in favor of the defendants for appellant's failure to state a claim upon which relief could be granted. Appellee now files a motion for remand stating that there was a procedural defect in this cause which warrants remand. We treat the motion for remand as a confession of error. See, Wiley v. State, 578 So.2d 903 (Fla. 1st DCA 1991). Accordingly, we reverse and remand with instructions to the trial court to allow appellant the opportunity to amend his complaint.

SHIVERS, C.J., and WIGGINTON and NIMMONS, JJ., concur.


Summaries of

Lambrix v. Dugger

District Court of Appeal of Florida, First District
May 30, 1991
586 So. 2d 1071 (Fla. Dist. Ct. App. 1991)
Case details for

Lambrix v. Dugger

Case Details

Full title:CARY MICHAEL LAMBRIX, A/K/A MICHAEL RAY LAMBRIX, APPELLANT, v. RICHARD L…

Court:District Court of Appeal of Florida, First District

Date published: May 30, 1991

Citations

586 So. 2d 1071 (Fla. Dist. Ct. App. 1991)

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Crews v. Crews

We treat appellee's brief as a confession of error. See Lambrix v. Dugger, 586 So.2d 1071 (Fla. 1st DCA 1991)…