OBENSCHAIN v. WILLIAMS

No. 1D99-1074.

750 So.2d 771 (2000)

Jacqueline OBENSCHAIN and Advocacy Center for Persons With Disabilities, Inc., Appellants, v. Robert B. WILLIAMS, in his official capacity as Administrator of the Florida State Hospital, Gilbert Ferris, in his official capacity as an employee of the State of Florida Department of Children And Family Services, Cuong Ba Nguyen, in his official capacity as an employee of the State of Florida Department of Children and Family Services, Kathleen Kearney, in her official capacity as Secretary of the State of Florida Department of Children and Family Services, State of Florida Department of Children and Family Services, Inc., and Kenneth Kleier, in his capacity as the guardian advocate of Jacqueline Obenschain, Appellees.

District Court of Appeal of Florida, First District.

February 16, 2000.


Attorney(s) appearing for the Case

Gordon B. Scott of Advocacy Center for Persons With Disabilities, Inc., and James Vernon Cook, Tallahassee, for Appellants.

Robert A. Butterworth, Attorney General, Jason Vail, Assistant Attorney General, Tallahassee, for Appellees.


BROWNING, J.

Appellant, Jacqueline Obenschain, appeals the trial court's final order dismissing her second amended complaint with prejudice. Appellant argues the trial court erred both by holding that it lacked subject matter jurisdiction, and by dismissing her complaint with prejudice without leave to amend, for failure to state a cause of action. We agree with both arguments and reverse.

Appellant filed a civil rights action under 42 U.S.C. § 1983 seeking...

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