VIDEO INDEPENDENT MEDICAL EXAMINATION, INC., A FLORIDA CORPORATION, APPELLANT,
v.
CITY OF WESTON, A FLORIDA MUNICIPALITY, APPELLEE
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Video Independent Medical Examination sought declaratory judgment and building permits from the City of Weston. After the city issued the permits nearly two years later, the trial court found the case moot and refused to allow amendment to seek damages for the delay. The appellate court reversed, holding that the trial court abused its discretion in denying the motion to amend.
The trial court abused its discretion in refusing to permit amendment of the complaint. The appellate court reversed and remanded, holding that refusal to allow amendment constitutes an abuse of discretion unless allowing the amendment would clearly prejudice the opposing party, the privilege to amend has been abused, or amendment would be futile.
[1] A trial court's ruling on a motion to amend a complaint is reviewed for abuse of discretion.
[2] Leave to amend a complaint should not be denied unless the privilege has been abused or the complaint is clearly not amendable.
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Join FLexlaw to unlock all legal intelligence“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 denial of motion to amend
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Join FLexlaw to unlock all legal intelligenceVideo Independent Medical Examination filed suit seeking a declaratory judgment and supplemental relief due to the City of Weston's failure to issue c…
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PER CURIAM.
Appellant sought a declaratory judgment and supplemental relief, asserting appellee’s failure or refusal to issue to appellant certain construction development orders and building permits. The court abated the action and ordered appellant to seek administrative relief. Nearly two years after appellant’s initial complaint was filed in this action, the appellee issued the requested orders and permits. The court then determined that the issue before it was moot, refused to permit appellant to amend its complaint to seek damages for appellee’s delay in issuing the requested permits, and entered final judgment for the appellee. Because we find that the court’s refusal to permit appellant to amend was an abuse of discretion,1 we reverse and remand for further proceedings.
A trial court’s ruling on a motion to amend a complaint will be reviewed on appeal for abuse of discretion. Dimick v. Ray, 774 So. 2d 830, 832 (Fla. 4th DCA 2000). The primary consideration in determining whether a motion for leave to amend should be granted is a test of prejudice, and such leave “should not be denied unless the privilege has been abused or the complaint is clearly not amendable.” New River Yachting Ctr., Inc. v. Bacchiocchi, 407 So. 2d 607, 609 (Fla. 4th DCA 1981). “[RJefusal 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.” Spradley v. Stick, 622 So. 2d 610, 613 (Fla. 1st DCA 1993); accord Carter v. Ferrell, 666 So. 2d 556, 557 (Fla. 2d DCA 1995).
The privilege to amend has not been abused here, nor would allowing appellant to amend its complaint prejudice appellee as the case is only in the pleading stage which leaves appellee ample time to answer and prepare a defense. See Dimick, 774 So. 2d at 833. Although the trial court expressed the view that appellant could bring a separate suit for any alleged damages, the preference of the rules of procedure is for all claims to be brought in one action, even by amendment of a complaint provided that the amendment does not prejudice the defendant. Id. at 834.
The judgment is reversed and the cause remanded with instruction that appellant be given leave to amend its complaint.
REVERSED and REMANDED.
FARMER, STEVENSON, JJ., and OWEN, WILLIAM C., JR., Senior Judge, concur. . We express no view on the merits of appellant’s proposed amendment.
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Citator
Cited By (15 total)
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Holmes v. Bridgestone/Firestone, Inc., 891 So. 2d 1188 (Fla. 4th DCA 2005)…dard applicable to the review of an order granting or denying a traditional amendment to a pleading. Leave to file such amendments “shall be given freely,” rule 1.190(a). Firestone cites Video Independent Medical Examination, Inc. v. City of Weston, 792 So. 2d 680, 681 (Fla. 4th DCA 2001), a non-punitive damage amendment case, in which we observed: Refusal to allow amendment constitutes an abuse of discretion unless it clearly appears that allowing the amendment would prejudice the opposing party, the privil…
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Sonny BOY, L.L.C. v. Bhagwan Asnani, 879 So. 2d 25 (Fla. 5th DCA 2004)…nd the complaint and in entering a judgment on the pleadings. This court’s standard for reviewing a lower court’s ruling on a motion to amend a complaint is an abuse of discretion. E.g., Video Independent Medical Examination, Inc. v. City of Weston, 792 So. 2d 680, 681 (Fla. 4th DCA 2001). “[Rjefusal 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 w…
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Barnes v. Horan, 841 So. 2d 472 (Fla. 3d DCA 2002)…rial court’s discretion to, upon request, grant the plaintiff leave to amend, so long as it finds that the defendants would not be prejudiced and that the privilege to amend has not been abused. Video Indep. Med. Examination, Inc. v. City of Weston, 792 So. 2d 680, 681 (Fla. 4th DCA 2001); General Container Serv., Inc. v. William H. McGee & Co., 734 So. 2d 570 (Fla. 3d DCA 1999). . Mr. Horan has expressed concern that allowing the circuit court judges of Monroe County to be subpoenaed in this case would set…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- NEW River Yachting Ctr., Inc. v. Bacchiocchi, 407 So. 2d 607 (Fla. 4th DCA 1981)
- Spradley v. Doctor Michael O. Stick & Hamilton Cnty. Mem'l Hosp., 622 So. 2d 610 (Fla. 1st DCA 1993)
- Dimick v. RAY, 774 So. 2d 830 (Fla. 4th DCA 2000)
- Carter v. Ferrell, 666 So. 2d 556 (Fla. 2d DCA 1995)