AMANDA WETTSTEIN TALMAGE
v.
JIMMY CONNER, DON MAGRUDER, WILLIAM JONES, RO-MAC LUMBER AND SUPPLY, INC., CITIZENS SPEAKING
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Amanda Talmage petitioned to enforce a prior appellate mandate after a trial court allowed Jimmy Conner to file a third amended complaint. The appellate court had previously affirmed the dismissal with prejudice of all claims against Talmage in case 5D20-2462. The court granted Talmage's motion to enforce the mandate and struck Conner's third amended complaint as an improper attempt to circumvent the prior appellate decision.
The court granted the motion to enforce mandate, striking Conner's third amended complaint and ordering the trial court to abide by the prior appellate mandate. The trial court erred in allowing Conner to file an amended complaint asserting substantially the same claims that had been dismissed with prejudice and affirmed on appeal, as this constituted an improper attempt to circumvent the court's previous decision.
[1] A subsequent appellate proceeding seeking review of a non-final order may be treated as a motion to enforce a prior mandate.
[2] Under the law of the case doctrine, a trial court errs in allowing a party to file an amended complaint when the appellate court has previously affirmed a dismissal with…
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Join FLexlaw to unlock all legal intelligenceIn the underlying litigation between Talmage and Conner, this court previously issued a mandate on November 22, 2021, affirming the trial court's dism…
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PER CURIAM.
Amanda Talmage petitions for a writ of certiorari, seeking review of a non-final order allowing Jimmy Conner to file a third amended complaint against her.* In the litigation between these parties, this Court previously issued a mandate in this case, 5D20-2462, on November 22, 2021, affirming the lower tribunal’s dismissal with prejudice of all claims against Talmage. Talmage filed the instant petition as a new appellate proceeding, 5D22-2598, which this Court has determined will be treated as a motion to enforce the mandate in 5D20-2462.
Having reviewed the extensive record and considered the parties’ detailed appellate submissions, the Court grants Appellant’s motion to enforce mandate. Under the law of the case doctrine, the trial court erred in allowing Conner the opportunity to file an amended complaint; this Court previously affirmed the dismissal with prejudice of all of Conner’s claims against Talmage. Conner now attempts to assert claims substantially the same as those raised or that could have been raised previously. Indeed, the cause of action in Conner’s “third amended complaint (revised)” is substantially the same as the claim previously dismissed with prejudice in the trial court and affirmed on appeal by this Court. Moreover, Conner’s argument in support of further amendment was previously rejected, thereby making it improper to seek to circumvent this Court’s decision and mandate.
It is hereby ordered that Conner’s “third amended complaint (revised)” is stricken and that the trial court shall abide by this Court’s previous mandate in 5D20-2462 and disallow any further amended complaint by Conner against Talmage.
MOTION TO ENFORCE MANDATE GRANTED.
* Review is also sought of the denial of Talmage’s motion for sanctions against Conner and his attorneys. The denial of Appellant’s motion for sanctions is not reviewable as a nonfinal order and will not be addressed.
MAKAR, LAMBERT, and JAY, JJ., concur. _____________________________