SHINGLEDECKER

v.

SPENCER

Citator

Cited By

• Bove v. Naples HMA, LLC, 196 So. 3d 411 (Fla. 2d DCA 2016)
  …ns to dismiss, wherein she stated that she did not become aware of any possible medical malpractice until she met with her attorney in July 2012. But generally, parties are bound by the allegations in their pleadings, see Hart Props., Inc. v. Slack, 159 So. 2d 286, 238 (Fla.1963), and within the context of judicial proceedings, “litigants are not permitted to take inconsistent positions,” Federated Mut. Implement & Hardware Ins. Co. v. Griffin, 237 So. 2d 38, 41 (Fla. 1st DCA 1970). The fact that the notice o…
• Rickenbach v. Kosinski, 32 So. 3d 732 (Fla. 5th DCA 2010)
  …th respect to the order for rehabilitative alimony, but resists any requirement compelling him to pay permanent alimony. We begin by noting that in every case the “issues in a cause are made solely by the pleadings.” See Hart Props., Inc. v. Slack, 159 So. 2d 286, 239 (Fla.1963). Rule 1.190(a), Florida Rules of Civil Procedure, provides that after the initial pleading periods allowed by the rules, “a party may amend a pleading only by leave of court or by written consent of the adverse party.” Thus, the part…
• Grosso v. Am. Tel. & Tel. Co., 691 So. 2d 604 (Fla. 4th DCA 1997)
  …ented indicate that the unsuccessful party may have a cause of action or defense not pleaded, or a better one than that pleaded, the proper procedure is to enter the summary judgment with leave to the party to amend.” Hart Properties, Inc. v. Slack, 159 So. 2d 286, 240 (Fla.1963); and Allen v. Port Everglades Auth., 553 So. 2d 1341 (Fla. 4th DCA 1989). We therefore affirm the summary judgment without prejudice to the plaintiffs to amend their complaint. DELL and PARIENTE, JJ., concur.…