MARY HATCHER, AND THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANTS,
v.
MCARTHUR CHANDLER, APPELLEE
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Mary Hatcher and the Florida Department of Health and Rehabilitative Services appealed the trial court's dismissal with prejudice of their third attempt to amend a paternity complaint against McArthur Chandler. The appellate court reversed, holding that under Florida's liberal amendment policy, the plaintiffs should be permitted to amend despite two prior complaints containing false allegations, as the case should be decided on its merits.
The trial court abused its discretion in denying the amendment with prejudice. Under Florida's liberal amendment policy, leave to amend should be freely given unless there has been an abuse of the amendment privilege or the complaint cannot state a cause of action by amendment. The confusion regarding dates was understandable given the remoteness of the events, and the case should be tried on its merits.
[1] Leave to amend pleadings shall be given freely when justice so requires, unless there has been an abuse of the amendment privilege or the complaint cannot be made to stat…
[2] A liberal policy of allowing amendment of pleadings exists to ensure causes are tried on their merits.
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Join FLexlaw to unlock all legal intelligence“[l]eave of court shall be given freely when justice so requires”
Establishes the standard under Florida Rule 1.190 for permitting amendments to pleadings
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Join FLexlaw to unlock all legal intelligenceHatcher filed a paternity complaint in November 1987 alleging that she and Chandler had sexual relations in September 1971 resulting in the birth of P…
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PER CURIAM.
Mary Hatcher and the State of Florida Department of Health and Rehabilitative Services have twice previously filed complaints against McArthur Chandler to determine the paternity of Patina Hatcher, a child allegedly fathered by Chandler sometime prior to June of 1972. The initial complaint, filed in November of 1987, alleged that Hatcher and Chandler were intimate in September of 1971 and that Hatch-er gave birth to Patina some nine months later. When proof was furnished that Chandler was in the military service stationed in Viet Nam during all of September of 1971, Hatcher and HRS filed an amend ed complaint in April of 1988 alleging that Hatcher and Chandler engaged in sexual relations in July of 1970 which resulted in Patina’s birth. Once again, documentation in the court file established that Chandler was on active duty in Viet Nam during the time period in question.
In May of 1989, Hatcher and HRS moved to further amend the complaint previously filed stating that discovery conducted had “more precisely” indicated the time the parties engaged in the conduct that allegedly begat Patina. Finding that Hatcher and HRS were entitled to “only so many bites at the apple” and had “twice filed under oath complaints with allegations which proved to be false,” the trial court granted Chandler’s motion to dismiss the complaint sought to be amended, with prejudice. This appeal ensued.
Rule 1.190 Fla.R.Civ.P. provides that upon a party’s request, “[ljeave of court shall be given freely when justice so requires.” Florida’s appellate courts have interpreted this provision to require that amendment be permitted unless there has been an abuse of the amendment privilege or the complaint is such that it cannot be made to state a cause of action by amendment. Affordable Homes, Inc. v. Devil’s Run, Ltd., 408 So. 2d 679 (Fla. 1st DCA 1982); Sheffield v. Davis, 562 So. 2d 384 (Fla. 2d DCA 1990). This liberal policy of allowing litigants freedom to amend their pleadings exists so that causes will be tried on their merits. David Miller Distributing Company, Inc. v. Florida National Bank at Arlington, 342 So. 2d 856 (Fla. 1st DCA 1977).
In the instant case, the trial court found that Hatcher’s allegations were baseless because Chandler proved that he was in the Republic of Viet Nam during the time periods alleged in her two prior complaints. Further, the trial court noted that Hatcher had alleged in her sworn complaints that the child, Patina, was born out of wedlock when in fact Hatcher was married at the time she gave birth in June of 1972. Although the two amendments and the misrepresentation concerning the child’s legitimacy are troubling, it may also be true that confusion as to the dates is understandable given the remoteness of the events. We believe that, given the liberal policy in favor of amendment, Hatcher and HRS should be given the benefit of the doubt and permitted to amend their complaint.
Accordingly, the order of the trial court dismissing the complaint sought to be amended, with prejudice, is herewith REVERSED and the cause REMANDED for further proceedings consistent with this opinion.
SMITH and MINER, JJ., and WENTWORTH, Senior Judge, concur.
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Life Gen. Sec. Ins. Co. v. Horal, 667 So. 2d 967 (Fla. 4th DCA 1996)…e appellee would be subjected to hardship or prejudice by permitting the amendment. We are also mindful of the policy of liberality in permitting litigants freedom to amend pleadings so that causes will be tried on their merits. Hatcher v. Chandler, 589 So. 2d 428 (Fla. 1st DCA 1991). Finally, on the question of futility, the insurance contract limited the contestability to two years after the effective date of the policy, absent fraud. Although Life General did not contest the policy until after expiration…
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Ohio Cas. Ins. Co. v. MRK Constr., Inc., 602 So. 2d 976 (Fla. 2d DCA 1992)…hen did not give it an opportunity to prepare a defense to the amended complaint. The law favors the trial of cases on their merits and, therefore, a liberal policy of allowing litigants freedom to amend their pleadings exists. Hatcher v. Chandler, 589 So. 2d 428 (Fla. 1st DCA 1991). This liberal policy of allowing amendments is recognized in the Florida Rules of Civil Procedure. Florida Rule of Civil Procedure 1.190(e) provides that in the furtherance of justice, upon such terms as may be just, the court ma…
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Hudson Pest Control, Inc. v. Westford Asset Mgmt., Inc., 622 So. 2d 546 (Fla. 5th DCA 1993)…706 (Fla.1958) case, the landlord lost because he was unable to prove any losses, but not because of surrender by operation of law. AFFIRM. DIAMANTIS, J., concurs. GRIFFIN, J., dissents without opinion. . Fla.R.Civ.P. 1.190; Hatcher v. Chandler, 589 So. 2d 428 (Fla. 1st DCA 1991); Maestrelli v. Arrigoni, Inc., 476 So. 2d 756 (Fla. 5th DCA 1985). . See also Williams v. Aeroland Oil Co., 155 Fla. 114, 20 So. 2d 346 (1944); Coast Federal Savings & Loan Ass'n v. Deloach, 362 So. 2d 982 (Fla. 2d DCA 1978). .…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Affordable Homes, Inc. v. Devil's RUN, 408 So. 2d 679 (Fla. 1st DCA 1982)
- David Miller Distrib. Co., Inc. v. Fla. Nat'l Bank AT Arlington, 342 So. 2d 856 (Fla. 1st DCA 1977)
- Alpha Sheffield and Wesley Sheffield v. Albert J. Davis, M.D. & Albert J. Davis, M.D. & Assocs., P.A., 562 So. 2d 384 (Fla. 2d DCA 1990)