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L POWERS, Appellant, v. Mayor Daniella Levine CAVA, et al., Appellees.
Affirmed. See Grove Isle Ass'n v. Grove Isle Assocs., 137 So. 3d 1081, 1095 (Fla 3d DCA 2014) (explaining that a trial court must generally give a plaintiff at least one attempt to amend a complaint to assert a cause of action “unless it is clear that a plaintiff cannot in good faith allege a set of circumstances sufficient to state a cause of action” (quoting Lambrix v. Dugger, 547 So. 2d 1265, 1265 (Fla. 1st DCA 1989))); Rios v. McDermott, Will & Emery, 613 So. 2d 544, 545 (Fla. 3d DCA 1993) (explaining that dismissal with prejudice of an amended complaint was proper where plaintiff failed to allege any “ ‘ultimate facts’ necessary to permit appellees to frame an answer” and the facts as pled failed to state a cause of action); Kairalla v. John D. & Catherine T. MacArthur Found., 534 So. 2d 774, 775 (Fla. 4th DCA 1988) (“[A] dismissal with prejudice should not be ordered without giving the plaintiff an opportunity to amend the defective pleading, unless it is apparent that the pleading cannot be amended to state a cause of action.”).
PER CURIAM.
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Docket No: No. 3D24-0539
Decided: January 02, 2025
Court: District Court of Appeal of Florida, Third District.
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