[Download] "Barbara Newalk v. Florida Supermarkets" by Third District Court of Appeal of Florida ~ Book PDF Kindle ePub Free

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eBook details

• Title: Barbara Newalk v. Florida Supermarkets
• Author : Third District Court of Appeal of Florida
• Release Date : January 01, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

William A. Linafelt, who was dismissed from his employment at a Tallahassee health care facility owned and operated by Beverly Enterprises, Inc., filed suit challenging his discharge and claiming that his former employer defamed him in a communication to a potential prospective employer. After Linafelt amended his complaint once as a matter of right without leave of court, the trial court dismissed several counts of the amended complaint, including the defamation count, with prejudice. Through subsequent amendments, Linafelt sought to allege a breach of contract action based upon Beverly Enterprises written policies and procedures and for intentional inference with an advantageous business relationship. The trial court entered an order dismissing both of these counts of the fourth amended complaint with prejudice. We agree with Beverly Enterprises that Linafelt was an "at will" employee and could not bring a cause of action for breach of an employment contract. However, since Linafelt had not abused the privilege of amendment when he sought to state a claim for defamation, the trial court should have granted him leave to amend in order to attempt to state a claim for defamation. Further, we agree with Linafelt that his fourth amended complaint did state a cause of action for intentional inference with an advantageous business relationship, and the trial court erred in dismissing this count with prejudice.

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