Opinion
No. 85-834.
June 11, 1986. Rehearing and Rehearing En banc Denied July 24, 1986.
Byron G. Peterson and J. Phillip Carver of Greenberg, Traurig, Askew, Hoffman, Lipoff, Rosen Quentel, P.A., Miami, for appellant.
Larry Klein of Klein Beranek, P.A., West Palm Beach, Stuart Walker, P.A., and Wagner Kollra, P.A., Fort Lauderdale, for appellees Theodore Thomas, Donald L. Savarese, Anthony Veltri, Louis Schneider and Donald Johnson.
AFFIRMED.
ANSTEAD and DELL, JJ., concur.
WALDEN, J., dissents with opinion.
In my opinion the trial court abused its discretion in refusing leave to plaintiff to amend its complaint again so as to state a cause of action against the councilmen of the City of Coconut Creek. Adams v. Knabb Turpentine Co., Inc., 435 So.2d 944 (Fla. 1st DCA 1983); Penn Cork and Closures, Inc. v. Piggyback Shippers Assoc. of Florida, Inc., 281 So.2d 46 (Fla. 3d DCA 1973). I suggest this because there was no showing that the allowance of such amendment would cause prejudice to the defendants and because plaintiff's newly-retained counsel, obviously acting in good faith, should have at least an opportunity (this would be basically the third attempt made by plaintiff) to plead a cause of action that would survive a motion to dismiss. Wackenhut Protective Systems v. Key Biscayne Commodore Club Condominium I, Inc., 350 So.2d 1150 (Fla. 3d DCA 1977). See also Alvarez v. DeAguirre, 395 So.2d 213 (Fla. 3d DCA 1981); Penn Cork and Closures, Inc., supra.
I would reverse and remand.