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HAWKINS v. CORDY

No. 94-238.

642 So.2d 1115 (1994)

Joseph Lee HAWKINS and Marlene Hawkins, his wife; Keith Daniel Hawkins, Kennon Leonard Hawkins, and Daniel Brian Hawkins, by and through their mother and natural guardian, Marlene Hawkins; Joseph Brian Hawkins; and Jenise Marie Hawkins, Appellants, v. Maurice CORDY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 19, 1994.

Attorney(s) appearing for the Case

Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, and Joel S. Perwin, Spence, Payne, Masington & Needle, Miami, for appellants.

George, Hartz, Lundeen, Flagg & Fulmer, and Esther E. Galicia, Coral Gables, for appellee.

Before NESBITT, GERSTEN, and GODERICH, JJ.

PER CURIAM.

Appellants, Joseph Hawkins (Hawkins), Marlene Hawkins and their five children, appeal a final order dismissing their second amended complaint with prejudice, and denying leave to amend. We reverse.

Hawkins was employed as a painter by W.J. Miranda Construction Company, and was instructed by his supervisor, appellee Maurice Cordy, to paint a warehouse. Hawkins was climbing down a scaffolding that Cordy had provided when the scaffolding

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