CITY OF BOCA RATON, APPELLANT,
v.
ROSS HOFMANN ASSOCIATES, INC., APPELLEE
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HERSEY, Chief Judge.
After entry of summary final judgment for appellant and denial of appellee’s motion for rehearing, the trial court granted appellee’s previously filed motion to amend its complaint. We reverse on the ground that the court lost jurisdiction and had no authority to permit an amendment to the complaint after denial of rehearing. Florida National Bank v. Domanska, 486 So. 2d 1384 (Fla. 3d DCA 1986). See also Shelby Mutual Insurance Co. v. Pearson, 236 So. 2d 1 (Fla.1970). A contrary rule, that finality awaits ruling upon a previously-filed motion to amend the pleadings, would introduce into judicial proceedings an element of uncertainty that would be detrimental to litigants and disruptive of the judicial process. Neither procedural nor substantive due process requires such a result.
REVERSED.
DOWNEY and GUNTHER, JJ., concur.
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Liberty Ins. Corp. v. Milne, 98 So. 3d 613 (Fla. 4th DCA 2012)…ome Ins. Co. v. Seay, 355 So. 2d 822, 824 (Fla. 4th DCA 1978) (quoting Gen. Capital Corp. v. Tel Serv. Co., 212 So. 2d 369, 382 (Fla. 2d DCA 1968), modified, 227 So. 2d 667 (Fla.1969)). See generally City of Boca Raton v. Ross Hofmann Assocs., Inc., 501 So. 2d 72 (Fla. 4th DCA 1987) (reversing order granting previously filed motion to amend complaint, after entry of final judgment and denial of motion for rehearing, when trial court had no authority to permit amendment); DiPaolo v. Rollins Leasing Corp., 700…
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DiPAOLO v. Rollins Leasing Corp., 700 So. 2d 31 (Fla. 5th DCA 1997)…tional trap into which the appellant has fallen. I would struggle to avoid that result. It should always be our goal to give every person coming before the court their “day in court.” In my view, City of Boca Raton v. Ross Hofmann Associates, Inc., 501 So. 2d 72 (Fla. 4th DCA 1987), can be distinguished from this ease. There, the trial court granted final summary judgment and denied rehearing, without mentioning or ruling on appel-lee’s previously filed motion to amend its complaint. After the final judgmen…1 / 2
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Skilled Servs. Corp. v. Reliance Ins. Co. & Sterling Contractors, Inc., 763 So. 2d 1092 (Fla. 4th DCA 1999)…ting on its own, without a hearing, denied appellant’s motion for reconsideration. The court did not rule on appellant’s alternate motion for leave to file an amended complaint. Appellees rely on City of Boca Raton v. Ross Hofmann Associates, Inc., 501 So. 2d 72 (Fla. 4th DCA 1987), and Florida National Bank v. Domanska, 486 So. 2d 1384 (Fla. 3d DCA 1986). Both of these cases are inapposite to the case sub judice. In each of these cases, a defendant/appellant challenged an order granting leave to amend whic…
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- Shelby Mut. Ins. Co. OF Shelby v. Tillman Pearson, 236 So. 2d 1 (Fla. 1970)
- Fla. Nat'l Bank v. Danuta T. Domanska, 486 So. 2d 1384 (Fla. 3d DCA 1986)