INNOVATIVE MATERIAL SYSTEMS, INC., APPELLANT,
v.
SANTA ROSA UTILITIES, INC., APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that replevin is not mutually exclusive of other causes of action and that the trial court erred in denying leave to amend based on this erroneous belief.
Appellant sought replevin of equipment as part of a multi-count complaint. The trial court dismissed the replevin count, deeming it mutually exclusive…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Mutually Exclusive Remedies cases and more on FLexlaw
WEBSTER, J.
Appellant seeks review of a non-final order denying leave to amend and dismissing with prejudice one count of a multi-count eom-pláint. The dismissed count sought replevin of a dredge and related equipment. We have jurisdiction. Fla. R.App. P. 9.130(a)(3)(C)(ii). See Midway Mfg. Co. v. Family Fun Corp., 668 So. 2d 327 (Fla. 4th DCA 1996).
The trial court dismissed the replevin count, and subsequently refused to permit appellant to amend it, because it was “of the opinion that the remedy of replevin ... [wa]s mutually exclusive of the other causes of action” asserted in the complaint. This was error. Pursuant to our rules of civil procedure, a party may assert inconsistent claims or defenses in a single pleading. Fla. R. Civ. P. 1.110(g). See Johnson v. Department of Health & Rehab. Serv., 695 So. 2d 927 (Fla. 2d DCA 1997) (a party may assert mutually exclusive claims in the same pleading). An election between inconsistent remedies need only be made before the entry of judgment. See Monco of Orlando, Inc. v. ITT Indus. Credit Corp., 458 So. 2d 332 (Fla. 5th DCA 1984) (reversing the trial court’s action which forced the plaintiff to elect at the pretrial conference between the inconsistent remedies of conversion and replevin). Accord Smith v. Frank Griffin Volkswagen, Inc., 645 So. 2d 585 (Fla. 1st DCA 1994).
The trial court denied appellant’s first request to amend because it was of the opinion that further amendment would be futile. Because appellant had not previously sought leave to amend and it is not apparent from the record that further amendment would be futile, we reverse and remand with directions that the trial court permit appellant to amend the replevin count. Bill Williams Air Conditioning & Heating, Inc. v. Haymarket Cooperative Bank, 592 So. 2d 302 (Fla. 1st DCA 1991).
REVERSED and REMANDED, with directions.
WOLF and LAWRENCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Brady v. SCI Funeral Servs. OF Fla., Inc., 948 So. 2d 976 (Fla. 1st DCA 2007)…pleader deems himself or herself entitled. Relief in the alternative or of several different types may be demanded. Every complaint shall be considered to demand general relief.”); see also Innovative Material Sys., Inc. v. Santa Rosa Utils., Inc., 721 So. 2d 1233, 1233 (Fla. 1st DCA 1998) (“Pursuant to our rules of civil procedure, a party may assert inconsistent claims or defenses in a single pleading.” (citing Fla. R. Civ. P. 1.110(g))); Arcade Steam Laundry v. Bass, 159 So. 2d 915, 917 (Fla. 2d DCA 1964)…
Authorities Cited
- Bill Williams AIR Conditioning & Heating, Inc. v. Haymarket Coop. Bank, 592 So. 2d 302 (Fla. 1st DCA 1991)
- Monco OF Orlando, Inc. v. ITT Indus. Credit Corp., 458 So. 2d 332 (Fla. 5th DCA 1984)
- Smith v. Frank Griffin Volkswagen Inc., 645 So. 2d 585 (Fla. 1st DCA 1994)
- Johnson v. State of Fla's. Dep't OF Health & Rehabilitative Servs., 695 So. 2d 927 (Fla. 2d DCA 1997)
- Laureen A. Grdinich v. Unemployment Appeals Comm'n, 695 So. 2d 927 (Fla. 5th DCA 1997)
- Midway Mfg. Co. v. Fam. FUN Corp., 668 So. 2d 327 (Fla. 4th DCA 1996)