EMANUEL FEIGIN, APPELLANT,
v.
HOSPITAL STAFFING SERVICES, INC., A FLORIDA CORPORATION, APPELLEE
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[*942] PER CURIAM.
Emanuel Feigin appeals the dismissal of his third amended complaint against Hospital Staffing Services, Inc. We affirm as to all issues.
Since appellant abandoned his fraud count in the third amended complaint, this court need not address the dismissal of the fraud count in the original complaint. Commercial Garden Mall v. Success Academy, Inc., 453 So. 2d 934 (Fla. 4th DCA 1984).
Furthermore, the trial court did not abuse its discretion by failing to allow appellant to file a revised fourth amended complaint, Brown v. Montgomery Ward & Co., 252 So. 2d 817, 819 (Fla. 1st DCA 1971), cert. denied, 257 So. 2d 561 (Fla.1972) or by staying appellant’s discovery depositions pending the motion to dismiss hearing. Brown v. Brown, 500 So. 2d 655, 656 (Fla. 1st DCA 1986).
Although Tarpon Temporary Sewer Comm., Inc. v. City of Tarpon Springs, 345 So. 2d 407 (Fla. 2d DCA 1977) indicates that courts should allow leave to amend for counts asserted for the first time, we believe that the trial court was permitted to dismiss the civil theft of trade secrets and breach of fiduciary duty counts for failure to state a cause of action. Refusal to grant leave to amend was not an abuse of the court’s discretion since this was the seventh complaint filed over a four-year period and the record clearly reflects the court’s warning that this was the plaintiff’s “last bite at the apple.” Clay v. City of Margate, 546 So. 2d 434 (Fla. 4th DCA), rev. denied, 553 So. 2d 1164 (1989); Cohen v. American Home Assurance Co., 367 So. 2d 677 (Fla. 3d DCA), cert. denied, 378 So. 2d 342 (1979).
LETTS, STONE and GARRETT, JJ„ concur. '
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Irve Gladstone v. Smith, 729 So. 2d 1002 (Fla. 4th DCA 1999)…: There is simply a point in litigation when defendants are entitled to be relieved from the time, effort, energy, and expense of defending themselves against seemingly vexatious claims. Id. at 539 (citing Feigin v. Hospital Staffing Servs., Inc., 569 So. 2d 941 (Fla. 4th DCA 1990)). The Kohn court noted that “[wjhile there is no magical number of amendments which are allowed, we have previously observed that with amendments beyond the third attempt, dismissal with prejudice is generally not an abuse of dis…
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Rodriguez v. Recovery Performance & Marine, LLC, 38 So. 3d 178 (Fla. 3d DCA 2010)…d we affirm the trial court’s denial. McCuin v. Review Fin. Printers, Inc., 582 So. 2d 176 (Fla. 3d DCA 1991) (no abuse of discretion where trial court precluded plaintiff from filing fourth amended complaint); Feigin v. Hosp. Staffing Servs., Inc., 569 So. 2d 941 (Fla. 4th DCA 1990) (no abuse of discretion in trial court’s refusal to grant leave to amend where plaintiff filed seventh complaint in four years); Alvarez v. DeAguirre, 395 So. 2d 213, 216 (Fla. 3d DCA 1981) (“a trial judge in the exercise of soun…
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Palomares v. Ocean Bank OF Miami, 574 So. 2d 1159 (Fla. 3d DCA 1991)…rt will give leave to amend a deficient [pleading] unless there has been abuse of the amendment privilege or the [pleading] shows on its face that there is a deficiency which cannot be cured by amendment.”); Feigin v. Hospital Staffing Servs., Inc., 569 So. 2d 941 (Fla. 4th DCA 1990) (refusal to grant leave to amend seventh complaint filed .over a four-year period was not an abuse of discretion where complaint failed to state a cause of action). We cannot decide whether the court abused its discretion in den…
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- Brown v. Montgomery Ward & Co., 252 So. 2d 817 (Fla. 1st DCA 1971)
- Executive Square, Ltd. v. Delray Executive Square, Ltd., 546 So. 2d 434 (Fla. 4th DCA 1989)
- Wolfie Cohen v. Am. Home Assurance Co., 367 So. 2d 677 (Fla. 3d DCA 1979)
- Travelers Indem. Co. OF Am. v. Se. Commc'ns, Inc., 453 So. 2d 934 (Fla. 3d DCA 1984)
- Commercial Garden Mall v. The Success Acad., Inc., 453 So. 2d 934 (Fla. 4th DCA 1984)
- City OF Miami Beach v. Smith, 257 So. 2d 561 (Fla. 1971)
- Trask v. State, 257 So. 2d 561 (Fla. 1972)
- Brown v. Mirth K. Brown, 500 So. 2d 655 (Fla. 1st DCA 1986)
- Tarpon Temp. Sewer Comm., Inc. v. The City OF Tarpon Springs, 345 So. 2d 407 (Fla. 2d DCA 1977)