JOSEPH G. ERACE, APPELLANT,
v.
DIANE K. ERACE, BARBARA FOSTER, DONNA CLARKE, MERCY PEREZ, APPELLEES
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The trial court abused its discretion by denying the appellant's motion to amend and join parties, and summary judgment for the appellees was improperly granted.
Appellant Joseph Erace sought to amend his complaint and join additional parties, and also sought reconsideration of summary judgment motions granted …
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PER CURIAM.
Joseph Erace appeals from a trial court order denying three motions. One of the appellant’s motions was for leave to amend and join additional parties; two of the motions were for reconsideration and re hearing of the defendants’ motions for summary judgment. For the following reasons, the order of the trial court is reversed.
The trial court abused its discretion when it denied the appellant’s motion to amend the complaint and to join additional parties. Fla. R. Civ. P. 1.190(a)(“Leave of court shall be given freely when justice so requires.”); Surface v. Town of Bay Harbor Islands, 625 So. 2d 109 (Fla. 3d DCA 1993).
Summary judgment for appellee Barbara Foster should not have been granted; her affidavit was insufficient as a matter of law. Suggs v. Allen, 563 So. 2d 1132, 1133 (Fla. 1st DCA 1990) (noting that the initial burden is on the moving party to clearly establish the true factual picture and remove any serious doubt as to any genuine issue of material fact); McCutcheon v. Seaboard Air Line R.R., 133 So. 2d 660, 662 (Fla. 3d DCA 1961). Finally, summary judgment for appellee Diane Erace was improvidently entered as the trial court relied upon a companion case which was ultimately reversed by this court. Erace v. Erace, 683 So. 2d 1114 (Fla. 3d DCA 1996).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Suggs v. Elliott Allen and Trisha Allen, 563 So. 2d 1132 (Fla. 1st DCA 1990)
- McCUTCHEON v. Seaboard AIR Line R.R. Co., 133 So. 2d 660 (Fla. 3d DCA 1961)
- Surface v. Town OF BAY Harbor Islands, 625 So. 2d 109 (Fla. 3d DCA 1993)
- Joseph v. State, 625 So. 2d 109 (Fla. 3d DCA 1993)
- Erace v. Erace, 683 So. 2d 1114 (Fla. 3d DCA 1996)