VERMONT MUTUAL INS. CO. v. CUMMINGS

No. 78-2121.

372 So.2d 990 (1979)

VERMONT MUTUAL INSURANCE COMPANY, Appellant, v. Norman C. CUMMINGS and Virginia R. Cummings, Appellees.

District Court of Appeal of Florida, Second District.

July 6, 1979.


Attorney(s) appearing for the Case

William D. Slicker of Lyle, Skipper, Wood & Anderson, St. Petersburg, for appellant.

H. Shelton Philips of Kaleel & Kaleel, St. Petersburg, for appellees.


OTT, Judge.

Appellant sued for indemnification alleging settlement of a previous tort action. Appellees' motion to dismiss was granted with prejudice.

We think the dismissal was warranted on the ground that the complaint fails to allege sufficient ultimate facts to show the relationship of the parties, the basis of liability and the amount of damages.

However, the law encourages liberality in permitting amendments to pleadings unless it is clearly...

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