ELMAN v. CADESKY

No. 88-2556.

553 So.2d 391 (1989)

Matthew ELMAN, Appellant, v. Gerald CADESKY, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

December 13, 1989.


Attorney(s) appearing for the Case

William D. Ricker and Dwayne L. Clark of Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellant.

Kenneth W. Shapiro of Berger, Blasi & Shapiro, P.A., Fort Lauderdale, for appellee-Cadesky.


PER CURIAM.

This is an appeal from the dismissal with prejudice of a third-party complaint. Based upon the record we determine that it has not been demonstrated that appellant could not amend his pleading to state a cause of action. We further find that appellant has not previously been given an opportunity to amend this particular pleading. Accordingly, it was error to dismiss the complaint without giving appellant at least one opportunity to amend. See Delia...

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