Dalton Abbott v. State Florida

Plaintiffs original complaint for breach of a lease was dismissed for failure to attach a copy thereof. The lease was attached to the First Amended Complaint, but again defendants moved to dismiss, this time alleging the lack of the accompanying personal guarantee and the lack of a corporate seal. The lower court again dismissed the complaint, allowing plaintiff twenty days to amend. Thirteen days after this order was entered the plaintiff filed a "Motion for Rehearing," requesting the judge to articulate the grounds upon which the First Amended Complaint had been dismissed and offering case law on the issue of a defendants personal liability on the lease. A hearing was held on this motion, resulting in a denial. Twelve days later the plaintiff filed his Second Amended Complaint. This time the defendants moved to dismiss on the basis that the Second Amended Complaint was filed more than twenty days after the trial courts order granting the motion to dismiss giving plaintiff twenty days to amend. This Second Amended Complaint was dismissed with prejudice and the plaintiff appeals both this and the dismissal of his First Amended Complaint. We reverse.