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QUINLAN v. MOTT

Nos. 79-714/T 4-474; 79-715/T 4-474A.

375 So.2d 589 (1979)

Mary QUINLAN and Raymond Quinlan, Her Husband, Appellants, v. Stanley MOTT, As Father and Natural Guardian of John Mott, a Minor, the Edward J. DeBartolo Corporation, d/b/a Altamonte Mall, Appellees. Ann WELTMAN and Frank Weltman, Her Husband, Appellants, v. Stanley MOTT, As Father and Natural Guardian of John Mott, a Minor, and the Edward J. DeBartolo Corporation, a Foreign Corporation, d/b/a Altamonte Mall, Appellees.

District Court of Appeal of Florida, Fifth District.

September 6, 1979.

Attorney(s) appearing for the Case

James O. Cunningham, Law Offices of Fisher & Matthews, Altamonte Springs, for appellants.

David C. Chafin, Orlando, for appellee, The Edward J. DeBartolo Corp., d/b/a The Altamonte Mall.

DAUKSCH, Judge.

This is an appeal from an order dismissing a complaint without leave to amend. It is apparent the deficiencies in the complaint can probably be cured by amendment without any essential departure from the facts already alleged. Thus, although the trial court correctly granted the appellee's motion to dismiss, the order should have been with leave to amend. Florida Rules of Civil Procedure 1.190. Petterson v. Concrete Construction, Inc.,

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