CARMEN L. ROSARIO AND RUBEN C. ROSARIO, APPELLANTS,
v.
PROCACCI COMMERCIAL REALTY, INC., APPELLEE
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The trial court dismissed a negligence complaint based on the statute of limitations, concluding the claims were time-barred. The appellate court reversed, finding the complaint ambiguous regarding when the cause of action accrued and holding that the trial court abused its discretion by refusing to permit amendment to clarify the accrual date.
The complaint did not plainly show that the suit was beyond the four-year limitations period, and the trial court abused its discretion by refusing to permit amendment given Florida's liberal rule governing amendments. Under the continuing tort doctrine, dismissal would have been error even without amendment.
[1] A complaint is not plainly barred by the statute of limitations if it is ambiguous as to when the cause of action accrued.
[2] Refusal to permit amendment of a complaint constitutes an abuse of discretion when the complaint is ambiguous and amendment would not be futile or cause prejudice.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Under Florida Rule of Civil Procedure 1.190(a), 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.”
Establishes the legal standard for reviewing refusal to permit amendment and the court's holding that the trial court abused its discretion.
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Join FLexlaw to unlock all legal intelligenceAppellants Carmen L. Rosario and Ruben C. Rosario filed a negligence suit against Procacci Commercial Realty, Inc. The trial court dismissed the suit …
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GOSHORN, Judge.
In this case, the trial court dismissed Appellants’ suit for negligence based on its conclusion that the claims were barred by the applicable statute of limitations under the facts alleged in the complaint.
However, we find that the complaint, though perhaps inartfully drafted, is ambiguous as to when the cause of action accrued and does not plainly show that the suit is beyond the four-year limitations period.
Accordingly, the refusal to permit Appellants to amend their initial complaint was an abuse of discretion given Florida’s liberal rule governing amendments.1 See Fla. R. Civ. P. 1.190; Spradley v. Stick, 622 So. 2d 610, 613 (Fla. 1st DCA 1993) (“Under Florida Rule of Civil Proce dure 1.190(a), 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.” (citation omitted)).
REVERSED and REMANDED for further proceedings.
COBB and W. SHARP, JJ., concur. . Under the theory of continuing tort, dismissal of the complaint would have been error even if Appellants had not sought leave to amend to clarify that their suit was filed within the applicable limitations period. See generally Seaboard Air Line R.R. Co. v. Holt, 92 So. 2d 169, 170 (Fla.1956) ("[P]Iaintiff is entitled to compensation for damages resulting from such continuing negligence during his employment within the three years immediately preceding the filing of suit, even though it should be found by the jury (or as a matter of law under established principles) that the statute started running more than three years prior to the time of filing of suit.”).
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Citator
Cited By
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State Farm Fire & Cas. Co. v. Fleet Fin. Corp., 724 So. 2d 1218 (Fla. 5th DCA 1998)…edure 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. See Rosario v. Procacci Commercial Realty, Inc., 717 So. 2d 148 (Fla. 5th DCA 1998). Here, there was no showing that Fleet would suffer prejudice if State Farm were granted leave to amend its complaint, nor had the privilege to amend been abused. With regard to the question of futility, since the record did not…
Authorities Cited
- Spradley v. Doctor Michael O. Stick & Hamilton Cnty. Mem'l Hosp., 622 So. 2d 610 (Fla. 1st DCA 1993)
- Seaboard AIR Line R.R. Co. v. Holt, 92 So. 2d 169 (Fla. 1956)