Frugoli v. Winn-Dixie Stores, Inc.

464 So. 2d 1292 (1985)

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Frugoli v. Winn-Dixie Stores, Inc.

Florida District Court of Appeal
464 So. 2d 1292 (1985)

  • Written by Liz Nakamura, JD

Facts

Fritz Frugoli (plaintiff) filed an action against Winn-Dixie Stores, Inc. (WDI) (defendant). Frugoli’s complaint contained four counts. Two out of the four counts failed to state a cause of action. The remaining two counts stated sufficient facts to survive a motion to dismiss, but both counts failed to comply with drafting requirements and failed to contain sufficient facts to allow WDI to adequately respond. The trial court dismissed Frugoli’s entire complaint with prejudice. Frugoli appealed, arguing that he should have been granted leave to file an amended complaint.

Rule of Law

Issue

Holding and Reasoning (Wigginton, J.)

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