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JONES v. CITY OF HOMESTEAD

No. 81-225.

408 So.2d 618 (1981)

Rudolph JONES, Appellant, v. CITY OF HOMESTEAD, a Municipal Corporation, Appellee.

District Court of Appeal of Florida, Third District.

December 15, 1981.

Attorney(s) appearing for the Case

David Goldman and Jack H. Cohen, Miami, for appellant.

Kuvin, Klingensmith & Lewis and R. Fred Lewis, Miami, for appellee.

Before HUBBART, C.J., and SCHWARTZ and JORGENSON, JJ.

PER CURIAM.

Rudolph Jones appeals from an adverse summary judgment and from a subsequent denial of his motion to amend his complaint. We reverse. The summary judgment herein was based entirely on the plaintiff's failure to state a cause of action against the City of Homestead in his complaint and, under the circumstances, it was reversible error for the trial court to deny the plaintiff an opportunity to cure this pleading defect by filing an amended complaint.

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