UNITED AUTOMOBILE INSURANCE COMPANY,
v.
GABLES INSURANCE RECOVERY, INC., A/A/O ROBERTO SANCHEZ,

Fla. 3d DCA | 2023-01-18
No. 2021-2252
307 So. 3d 114 Florida District Court of Appeal, Third District (2023) Positive Treatment
Cited by 6 cases
Topics
Prejudice To Opposing Party Futility Of Amendment

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Opinion of the Court

PER CURIAM.

Affirmed. See Fayad v. Univ. of Miami, 307 So. 3d 114, 118 (Fla. 3d DCA 2020) (“A trial court’s denial of a motion to amend a complaint is generally an abuse of discretion unless (1) the privilege to amend has been abused, (2) the amendment would prejudice the opposing party, or (3) the amendment would be futile.”); Grove Isle Ass’n, Inc. v. Grove Isle Assocs., LLLP, 137 So. 3d 1081, 1095 (Fla. 3d DCA 2014) (same); see also Bldg. B1, LLC v. Component Repair Servs., Inc., 224 So. 3d 785, 789 (Fla. 3d DCA 2017) (recognizing that Florida Rule of Civil Procedure 1.190’s liberal amendment policy diminishes as a case progresses to trial and, based on the prejudice to the opposing party, finding no abuse of discretion in the trial court’s decision given the lateness of the request to amend).

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Citator

Cited By

  • United Auto. Ins. Co. v. Gables Ins. Recovery, Inc., 307 So. 3d 114 (Fla. 3d DCA 2023)
    …PER CURIAM. Affirmed. See Fayad v. Univ. of Miami, 307 So. 3d 114, 118 (Fla. 3d DCA 2020) (“A trial court’s denial of a motion to amend a complaint is generally an abuse of discretion unless (1) the privilege to amend has been abused, (2) the amendment would prejudice the opposing party, or (3) the amendment would…
  • Russell v. Mells, 426 So. 3d 913 (Fla. 2d DCA 2025)
  • Mishpaja Shajine, Inc. v. Granada Ins. Co., 319 So. 3d 762 (Fla. 3d DCA 2021)
    …end a pleading is generally an abuse of discretion, unless (i) the moving party has abused the privilege to amend, (ii) the opposing party would be prejudiced by the amendment, or (iii) the amendment would be futile. See Fayad v. Univ. of Miami, 307 So. 3d 114, 118 (Fla. 3d DCA 2020). None of these factors are present in this case. First, the appellants made no prior amendments to their pleading and there is no indication on this record that the appellants made their ore tenus Monday, the day before t…

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