BEATRICE CRAIG, APPELLANT,
v.
EAST PASCO MEDICAL CENTER, INC. APPELLEE
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Plaintiff appealed a summary judgment in a negligence action arising from a hospital slip-and-fall injury, contending the trial court abused its discretion by denying her motion to amend the complaint to name the correct defendant corporation. The court reversed, holding that the trial court failed to apply the liberal amendment standard required by Florida law and procedure rules.
The trial court abused its discretion in denying the amendment motion. Florida law strongly favors allowing amendments to pleadings so cases may be resolved on their merits, and absent specific circumstances such as prejudice, abuse of the amendment privilege, or futility, amendments should be freely granted. The case is reversed and remanded with directions to permit the amended complaint.
[1] A trial court abuses its discretion by denying a motion to amend a complaint when justice requires, absent prejudice, abuse of the privilege to amend, or futility.
[2] Public policy favors freely allowing amendments to pleadings so that cases may be resolved on their merits.
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Join FLexlaw to unlock all legal intelligence“Florida Rule of Civil Procedure 1.190(a) states that 'leave of court [to amend] shall be given freely when justice so requires.'”
Establishes the foundational rule requiring liberal allowance of amendments in Florida procedure
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Join FLexlaw to unlock all legal intelligenceOn January 13, 1989, plaintiff slipped and fell at a hospital in Zephyrhills. She filed suit on July 28, 1992, naming East Pasco Medical Center, Inc. …
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FULMER, Judge.
The plaintiff in a negligence action appeals a summary judgment contending that the trial court abused its discretion by denying her motion to amend the complaint. We agree and reverse.
On January 13, 1989, the plaintiff slipped and fell in a hospital in Zephyrhills. On July 28, 1992, she filed suit seeking damages for the injuries she claims resulted from the fall. The complaint named East Pasco Medical Center, Inc. as the sole defendant. Apparently, prior to the date of the plaintiffs fall, the hospital had been sold to another corporation which continued to operate it as East Pasco Medical Center. Both corporations had the same registered agent, who was served with the complaint.
The plaintiff moved to amend the complaint to name the correct party in late December 1993, after the defendant corporation moved for summary judgment on the basis that it was not the owner of the hospital. The trial court granted the defendant corporation’s motion for summary judgment, denying the plaintiffs motion to amend.
We recognize that a ruling on a motion to amend the pleadings rests within the sound discretion of the trial court and will not be overturned unless abuse is demonstrated. However, the trial court’s discretion should be exercised in accordance with the public policy of this state to freely allow amendments so that cases may be resolved on their merits. All doubts should be resolved in favor of allowing amendment. See Hatcher v. Chandler, 589 So. 2d 428 (Fla. 1st DCA 1991). Florida Rule of Civil Procedure 1.190(a) states that “leave of court [to amend] shall be given freely when justice so requires.” This is especially true when leave to amend is sought at or before a summary judgment hearing. See Montero v. Compugraphic Corp., 531 So. 2d 1034 (Fla. 3d DCA 1988). “As a general rule, refusal to allow amendment of a pleading constitutes an abuse of discretion unless it clearly appears that allowing the amendment would prejudice the opposing party; the privilege to amend has been abused; or amendment would be futile.” Bill Williams Air Conditioning & Heating, Inc. v. Haymarket Cooperative Bank, 592 So. 2d 302, 305 (Fla. 1st DCA 1991).
Here, the trial court made no findings that any of those circumstances existed. Instead, the denial of amendment appears to have been based on the length of time the suit had been pending. We conclude that the trial court abused its discretion by not allowing the plaintiff to file her first amended complaint. Therefore, we reverse and remand with directions that the trial court permit the plaintiff to file the amended complaint.
In her brief, the plaintiff characterizes the amendment as one that merely corrects a misnomer and, therefore, would relate back to the commencement of the action. Defendant characterizes the amendment as one which adds a new party and, thus, would not relate back. We do not address this issue since it must first be presented to the trial court after the amended complaint is filed.
Reversed and remanded with directions.
DANAHY, A.C.J., and ALTENBERND, J., concur.
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EAC USA, Inc. v. Kawa, 805 So. 2d 1 (Fla. 2d DCA 2001)…urner. EAC alleged intentional conduct by Roberts that was substantially certain to result in injury to Kawa. Public policy favors the liberal amendment of pleadings so that cases may be decided on their merits. Craig v. East Pasco Med. Ctr., Inc., 650 So. 2d 179 (Fla. 2d DCA 1995); State Farm Fire & Cas. Co. v. Fleet Fin. Corp., 724 So. 2d 1218 (Fla. 5th DCA 1998); Adams v. Knabb Turpentine Co., Inc., 435 So. 2d 944 (Fla. 1st DCA 1983). Florida Rule of Civil Procedure 1.190 provides that “leave of court [to…
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Carter v. Ferrell, 666 So. 2d 556 (Fla. 2d DCA 1995)…e compulsory counterclaims to Ferrell’s cross claim. We do not need to reach this issue to decide this case, so we will not discuss it. The public policy of Florida is to freely allow amendment of pleadings. Craig v. East Pasco Medical Center, Inc., 650 So. 2d 179 (Fla. 2d DCA 1995); Ohio Cas. Ins. Co. v. MRK Const, Inc., 602 So. 2d 976 (Fla. 2d DCA 1992); Fla.R.Civ.P. 1.190(a) (leave of court shall be given freely, when justice so requires, to allow pleadings to be amended). Although Carter’s request initial…
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Thompson v. Jared Kane Co., Inc., 872 So. 2d 356 (Fla. 2d DCA 2004)…JKC and the Thompsons. This was an abuse of discretion. The Florida Rules of Civil Procedure reflect a clear policy that, absent exceptional circumstances, requests for leave to amend pleadings should be granted. Craig v. E. Pacso Med. Ctr., Inc., 650 So. 2d 179, 180 (Fla. 2d DCA 1995). Granting leave to amend rests within the discretion of the trial court; however, all doubts should be resolved in favor of allowing amendment. Adams v. Knabb Turpentine Co., 435 So. 2d 944 (Fla. 1st DCA 1983). In fact, “refu…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bill Williams AIR Conditioning & Heating, Inc. v. Haymarket Coop. Bank, 592 So. 2d 302 (Fla. 1st DCA 1991)
- Hatcher v. McArthur Chandler, 589 So. 2d 428 (Fla. 1st DCA 1991)
- Labrada v. State, 531 So. 2d 1034 (Fla. 3d DCA 1988)
- Montero v. Compugraphic Corp., 531 So. 2d 1034 (Fla. 3d DCA 1988)