COSTA BELLA DEVELOPMENT CORPORATION, APPELLANT,
v.
COSTA DEVELOPMENT CORP., RUTH L. ELSASSER, SERGIO DIAZ, MERCEDES DIAZ, CAROL WHITE, IRVING NISSMAN, FLORA NISSMAN, ALBERTO FERNANDEZ BRAVO, TERESITA FERNANDEZ BRAVO, IRENE REDSTONE, HUGO MISLE, ABRAHAM JANNA AND CARMEN JANNA, APPELLEES
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Costa Bella Development Corporation appealed a trial court's foreclosure judgment on condominium mortgages. The appellate court affirmed the trial court's rulings on multiple grounds, including that striking pleadings is disfavored and the summary judgment scope was properly limited.
The trial court's rulings were affirmed on six independent grounds: the dismissal issue was rendered moot by prior appellate decision; trial courts have discretion to permit or deny pleading amendments absent abuse; striking pleadings is disfavored and doubts favor preservation; adjudication of a counterclaim does not interfere with appellate authority when different issues are involved; the summary judgment scope was properly limited to certain titleholders; and appellant's affirmative defenses were clearly resolved against it by the agreement and appellant's own conduct.
[1] A dismissal issue is rendered moot by a subsequent appellate decision addressing the same subject matter.
[2] A trial court's ruling on further amendments to pleadings will not be disturbed on appeal absent an abuse of discretion.
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Join FLexlaw to unlock all legal intelligence“a trial court's ruling permitting or denying further amendments to pleadings will not be disturbed on appeal in the absence of an abuse of discretion”
Establishes the standard of review for pleading amendment decisions
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Join FLexlaw to unlock all legal intelligenceThis case involved an action to foreclose mortgages on condominium apartments. The trial court issued a summary judgment that was limited to owners wh…
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PER CURIAM.
The rulings of the trial court in this action to foreclose mortgages on condominium apartments are affirmed upon a holding that (1) the issue of whether the dismissal was proper was rendered moot by this court’s decision in Costa Bella Development Corp. v. Costa Development Corp., 441 So. 2d 1114 (Fla. 3d DCA 1983), (2) a trial court’s ruling permitting or denying further amendments to pleadings will not be disturbed on appeal in the absence of an abuse of discretion, Price v. Morgan, 436 So. 2d 1116 (Fla. 5th DCA 1983); Lasar Manufacturing Company, Inc. v. Bachanov, 436 So. 2d 236 (Fla. 3d DCA 1983), (3) the trial court did not err in refusing to strike appellees’ affirmative defenses since the striking of pleadings is not favored and all doubts are to be resolved in favor of the pleadings, Hulley v. Cape Kennedy Leasing Corp., 376 So. 2d 884 (Fla. 5th DCA 1979); Bay Colony Office Building Joint Venture v. Wachovia Mortgage Co., 342 So. 2d 1005 (Fla. 4th DCA 1977), (4) the trial court’s adjudication of appellees’ counterclaim while an appeal was pending did not interfere with this court’s authority to decide the pending appeal since different issues were involved in the respective cases, Seaboard Coast Line Railroad Co. v. Lantz, 405 So. 2d 495 (Fla. 3d DCA 1981); FMS Management Systems, Inc. v. IDS Mortgage Corp., 402 So. 2d 474 (Fla. 4th DCA 1981), (5) appellant’s assertion that the summary judgment is too broad is wholly without merit since the trial court’s order clearly states that it encompasses only those owners whose title was recorded on or before January 8, 1979, and (6) appellant’s affirmative defenses are clearly resolved in favor of the appellees by simply referring to the agreement itself and to appellant’s conduct in this case.
Affirmed.
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Citator
Cited By (12 total)
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Getelman v. Burton R. Levey, 481 So. 2d 1236 (Fla. 3d DCA 1985)…the case was set for trial. Under these circumstances, we find there was no abuse of discretion for the trial court to only permit such amendment contingent upon a postponement of trial. See Costa Bella Development Corp. v. Costa Development Corp., 445 So. 2d 1090 (Fla. 3d DCA 1984); Lasar Manufacturing Co. v. Bachanov, 436 So. 2d 236 (Fla. 3d DCA 1983). Mr. Levey waived his right to bring a cause of action under section 812.035(7) when he chose to proceed immediately to trial rather than have the amendment.…
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Fla. E. Coast Ry. Co. v. Sanford Shulman, 481 So. 2d 965 (Fla. 3d DCA 1986)…at a trial court’s decision to permit or refuse amendments to pleadings will not be disturbed on appeal in the absence of an abuse of discretion. McSwiggan v. Edson, 186 So. 2d 13 (Fla.1966); Costa Bella Development Corp. v. Costa Development Corp., 445 So. 2d 1090 (Fla. 3d DCA 1984); Lasar Manufacturing Co. v. Bachanov, 436 So. 2d 236 (Fla. 3d DCA 1983). Furthermore, we note that: [ajmendments to pleadings and amendments to conform with the evidence should be freely granted by the trial court unless by doing…
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McWHIRTER v. Murray Weiss, 704 So. 2d 214 (Fla. 2d DCA 1998)…e.” Rhea v. Hackney, 117 Fla. 62, 157 So. 190, 193 (1934). In reviewing a motion to strike pleadings, the “striking of pleadings is not favored and all doubts are to be resolved in favor of the pleadings.” Costa Bella Dev. Corp. v. Costa Dev. Corp., 445 So. 2d 1090, 1090 (Fla. 3d DCA 1984) (citations omitted). See also Ivey v. Southern States Power Co., 128 Fla. 345, 174 So. 834 (1937). A “[m]otion to strike a pleading admits the truth of all facts well pleaded.” Ivey, 174 So. at 836 (citations omitted). Final…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lasar Mfg. Co., Inc. v. Bachanov, 436 So. 2d 236 (Fla. 3d DCA 1983)
- Price v. Morgan, 436 So. 2d 1116 (Fla. 5th DCA 1983)
- Hulley v. Cape Kennedy Leasing Corp., 376 So. 2d 884 (Fla. 5th DCA 1979)
- FMS Mgmt. Sys., Inc. v. IDS Mortg. Corp., 402 So. 2d 474 (Fla. 4th DCA 1981)
- BAY Colony Off. Bldg. Joint Venture v. Wachovia Mortg. Co., 342 So. 2d 1005 (Fla. 4th DCA 1977)
- E. H. K. v. State, 405 So. 2d 495 (Fla. 3d DCA 1981)
- Costa Bella Dev. Corp. v. Costa Dev. Corp., 441 So. 2d 1114 (Fla. 3d DCA 1983)