RESTORATION I OF TREASURE v. FIRST, 152 So.3d 859 (2014)
Court: Court of Appeals of Florida
Number: inflco20141217242
Visitors: 1
Filed: Dec. 17, 2014
Latest Update: Dec. 17, 2014
Summary: PER CURIAM . The petition for second-tier certiorari review is granted. In affirming the county court's dismissal of the action, the circuit court applied the "tipsy coachman" rule and reasoned that the petition should have been dismissed for failure to attach a copy of the insurance policy to the complaint as required under Florida Rule of Civil Procedure 1.130(a). The circuit court's opinion departs from the essential requirements of law and fails to apply the correct law because it does no
Summary: PER CURIAM . The petition for second-tier certiorari review is granted. In affirming the county court's dismissal of the action, the circuit court applied the "tipsy coachman" rule and reasoned that the petition should have been dismissed for failure to attach a copy of the insurance policy to the complaint as required under Florida Rule of Civil Procedure 1.130(a). The circuit court's opinion departs from the essential requirements of law and fails to apply the correct law because it does not..
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PER CURIAM.
The petition for second-tier certiorari review is granted. In affirming the county court's dismissal of the action, the circuit court applied the "tipsy coachman" rule and reasoned that the petition should have been dismissed for failure to attach a copy of the insurance policy to the complaint as required under Florida Rule of Civil Procedure 1.130(a). The circuit court's opinion departs from the essential requirements of law and fails to apply the correct law because it does not provide that the dismissal in this situation should be with leave to amend. Conklin v. Cohen, 287 So.2d 56, 60 (Fla.1973). The circuit court "should have remanded the cause with instructions that the complaint be dismissed with leave to amend so as to allow compliance with the rule." Id. The plaintiff did not waive its right to amend as to this ground for dismissal. Accordingly, the petition is granted, and the circuit court's opinion is quashed.
Petition for writ of certiorari granted.
DAMOORGIAN, C.J., LEVINE and CONNER, JJ., concur.
Source: Leagle
