C. JIVAN TURNA, APPELLANT,
v.
ADVANCED MED-SERVICES, INC., APPELLEE
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The Florida District Court of Appeal reversed a trial court's post-trial amendment of a complaint to add a tortious interference claim against Turna individually, holding that no evidence supporting this tort was presented at trial and therefore the amendment did not conform to the evidence as required by Florida Rule of Civil Procedure 1.190(b).
The trial court abused its discretion in allowing the amendment because there was no evidence presented at trial establishing that Turna individually interfered with the contractual relationship between Advanced Med-Services and C. Jivan Turna, P.A. Amendments to conform pleadings to evidence are only proper when evidence concerning the facts or issues has actually been introduced at trial.
[1] A trial court may allow amendments to pleadings to conform to the evidence presented at trial when issues not included in the pleadings are tried by express or implied co…
[2] A trial court abuses its discretion by allowing a complaint to be amended after trial to conform to the evidence when no evidence was presented at trial to support the ne…
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Join FLexlaw to unlock all legal intelligence“When evidence is introduced at trial concerning facts or issues not included in the pleadings, the trial court, in its discretion, may allow amendments to conform to the evidence.”
Establishes the legal standard for post-trial amendments under Florida Rule of Civil Procedure 1.190(b)
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Join FLexlaw to unlock all legal intelligenceAdvanced Med-Services filed a two-count complaint against C. Jivan Turna, P.A. and Turna individually for breach of oral agreement. After a bench tria…
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SALCINES, Judge.
C. Jivan Turna, individually, appeals an amended final judgment entered in favor of Advanced Med-Services, Inc. We reverse.
Advanced Med-Services filed a two-count complaint. Count one was a cause of action for breach of oral agreement against C. Jivan Turna, P.A., and count two alleged the same cause of action against Turna in her individual capacity. After a bench trial, the trial court granted judgment for Advanced Med-Services against C. Jivan Turna, P.A., for $182,601, but denied relief against Turna individually. C. Jivan Turna, P.A. appealed the final judgment and. this court affirmed. C. Jivan Turna, P.A. v. Advanced Med-Servs. Inc., 818 So. 2d 507 (Fla. 2d DCA 2002).
Advanced Med-Services filed a motion for rehearing as to Turna’s individual liability. At the hearing on the motion, Advanced Med-Services made an ore tenus motion to amend the complaint to add a cause of action against Turna individually for a tortious act which it later identified as intentional interference with an advantageous contractual relationship. The trial court granted the motion to amend and entered the amended final judgment which held Turna individually liable for this tort in addition to holding C. Jivan Turna, P.A., liable for breach of oral contract.
The issue on appeal is whether, pursuant to Florida Rule of Civil Procedure 1.190(b), there was evidence of the tort presented at trial to allow an amendment to the complaint to conform to the evidence after the trial had been completed.
When evidence is introduced at trial concerning facts or issues not included in the pleadings, the trial court, in its discretion, may allow amendments to conform to the evidence. Freshwater v. Vetter, 511 So. 2d 1114, 1115 (Fla. 2d DCA 1987). In the present case, the trial court abused its discretion when it allowed the complaint to be amended because there was no evidence presented at trial which would indicate that Turna individually interfered with the contractual relationship between Advanced Med-Services and C. Jivan Turna, P.A. Accordingly, the amended final judgment is reversed. We remand this cause and direct the trial court to reinstate the original judgment denying relief against Turna individually.
Reversed and remanded.
FULMER and CANADY, JJ., concur.
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Marlyn Tracey v. Wells Fargo Bank, 264 So. 3d 1152 (Fla. 2d DCA 2019)…general proposition that "[w]hen a party seeking monetary damages fails to establish an evidentiary basis for the damages ultimately awarded at trial, reversal for entry of an order of dismissal is warranted"); Turna v. Advanced Med-Services, Inc., 842 So. 2d 1075, 1076 (Fla. 2d DCA 2003) (reversing and remanding for judgment in favor of the defendant when "there was no evidence presented at trial" that could support the posttrial amendment of the complaint to add a new claim for damages); see also [*1172] Wa…1 / 2
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Hartong v. William Bernhart, M.D., Roy Liptrap, P.A., 128 So. 3d 858 (Fla. 5th DCA 2013)…o contributory negligence, which is contrary to Florida law and public policy. We agree. A trial court’s denial of a motion to amend the pleadings to conform with the evidence is reviewed for abuse of discretion. Turna v. Advanced Med-Servs., Inc., 842 So. 2d 1075, 1076 (Fla. 2d DCA 2003) (“When evidence is introduced at trial concerning facts or issues not included in the pleadings, the trial court, in its discretion, may allow amendments to conform to the evidence.”); see also Crown v. Chase Home Fin., 41 S…
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Marlyn Tracey v. Wells Fargo Bank N. A. (Fla. 2d DCA 2018)
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- Freshwater v. Vetter, 511 So. 2d 1114 (Fla. 2d DCA 1987)