GREENBURG v. JOHNSTON

No. 78-1337.

367 So.2d 229 (1979)

James L. GREENBURG, Appellant, v. Brenda E. JOHNSTON and Fidelco Growth Investors, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 8, 1979.


Attorney(s) appearing for the Case

Louis Wienckowski, Clearwater, for appellant.

Robert C. Burke, Jr., of Korones, Burke & Laursen, Clearwater, for appellee, Brenda E. Johnston.

John R. Bush and Claude H. Tison, Jr., of MacFarlane, Ferguson, Allison & Kelly, Tampa, for appellee, Fidelco Growth Investors.


SCHEB, Judge.

The trial court entered a final judgment in favor of appellees/defendants after denying appellant/plaintiff's motion to amend his complaint. We hold that the trial court abused its discretion in not allowing appellant to amend, since it was apparent the proffered amendment would state a cause of action. We, therefore, reverse the final judgment.

Appellant brought suit against appellees, alleging that he was entitled to damages under the implied...

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