WIGGINS v. TART

No. YY-246.

407 So.2d 1094 (1982)

Joseph Guion WIGGINS and Hilda Wiggins, Appellants, v. Rufus TART, Trading As Rufus Tart Transfer, and National Indemnity Company, As a Foreign Corporation, Appellees.

District Court of Appeal of Florida, First District.

January 6, 1982.


Attorney(s) appearing for the Case

Russell W. LaPeer, of Wahl & Gabel, Jacksonville, for appellants.

Michael I. Coulson, of Howell, Howell, Liles, Braddock & Milton, Jacksonville, for Rufus Tart, appellee.

William T. Stone, of Webb, Swain & Watson, P.A., Jacksonville, for National Indem., appellee.


PER CURIAM.

Count II of appellants' amended complaint was dismissed with prejudice upon appellees' motion urging that the amended complaint failed to state a cause of action. Appellants do not challenge the propriety of the dismissal, but urge only that it should have been ordered without prejudice rather than with prejudice. We agree. The trial court should not deny leave to amend unless the privilege to amend has been abused or the complaint is clearly not amendable...

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