ANNEX INDUSTRIAL PARK, LLC, APPELLANT,
v.
CITY OF HIALEAH, APPELLEE
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Annex Industrial Park appealed the trial court's dismissal of its amended third-party complaint against the City of Hialeah and denial of leave to amend. The appellate court reversed, holding that the trial court abused its discretion by denying Annex leave to amend its complaint, as it had been amended only once and justice required the opportunity to amend.
The trial court abused its discretion in denying Annex leave to amend and dismissing the amended third-party complaint with prejudice. Under Florida Rule of Civil Procedure 1.190(a), leave to amend should be given freely when justice so requires, and should not be denied unless the privilege has been abused or the complaint is clearly not amendable.
[1] A complaint alleging fraudulent misrepresentation must state the essential elements of fraud, including a false statement of fact known to be false, made to induce relian…
[2] An action for fraudulent misrepresentation is distinct from an action upon an oral agreement for purposes of the statute of frauds.
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Join FLexlaw to unlock all legal intelligence“Leave of court [to amend a pleading] shall be given freely when justice so requires.”
States the governing rule under Florida Rule of Civil Procedure 1.190(a) that leave to amend should be freely granted
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Join FLexlaw to unlock all legal intelligenceAnnex owns a parcel of land in Hialeah that became landlocked after it deeded certain portions to the City and Miami-Dade County. The City and County …
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, Annex Industrial Park, LLC, appeals the trial court’s order dismissing its amended third-party complaint against the City of Hialeah and denying its ore tenus motion for leave-- to amend. We reverse.
Annex owns'a parcel of land in Hialeah, Florida, located north of Northwest 138 Street and south of Northwest 142 Street. In the underlying suit, a neighbor sued Annex for trespass. But according to Annex, it was landlocked and the only way to access its land was via the neighbor’s property, In its third-party complaint against the City, Annex alleged that it became landlocked after it deeded certain portions of the property to the City, and Miami-Dade County ’and the ■ City then demolished the bridge that Annex used to access its property. Annex alleged that it transferred the portions of its property in reliance on the City’s representations that *453Annex would be able to access its property by way of a new bridge and road.
The City initially moved to dismiss the lawsuit, but the parties agreed that Annex would amend the third-party complaint. Annex then filed its amended third-party complaint against the City, which included counts for negligent misrepresentation, fraudulent inducement, fraudulent misrepresentation, and inverse condemnation. The City filed a new motion to dismiss. At the hearing on the motion, Annex made an ore tenus motion to amend the amended third-party complaint. However, the trial court dismissed the amended third-party complaint with prejudice “for the reasons set forth within the [City’s] ... Motion to Dismiss,”1 and it denied the ore tenus motion to amend.
We review the trial court’s order denying leave to amend for abuse of discretion. Grove Isle Ass’n, Inc. v. Grove Isle Assocs., LLLP, 137 So.3d 1081, 1089 (Fla. 3d DCA 2014). As set forth in Florida Rule of Civil Procedure 1.190(a), “[l]eave of court [to amend a pleading] shall be given freely when justice so requires.” While our courts have recognized that there is no “magic number” as to the number of amendments that should be allowed, under the facts of this case, the trial court should have afforded Annex the opportunity to amend its first amended complaint, particularly in light of the fact that the complaint had been amended only once. “Leave to amend should not be denied unless the privilege has been abused or the complaint is clearly not amendable.” Osborne v. Delta Maintenance and Welding, Inc., 365 So.2d 425, 427 (Fla. 2d DCA 1978). Accordingly, we reverse the trial court’s dismissal with prejudice of the amended third-party complaint and remand with instructions that the trial court permit Annex to amend.
Reversed and remanded.
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Chakra 5 v. City of Miami Beach, 254 So. 3d 1056 (Fla. 3d DCA 2018)
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Hess v. Pmg-S2 Sunny Isles, LLC (Fla. 3d DCA 2022)…nless . . . the complaint shows on its face that there is a deficiency which cannot be cured by amendment.” (quoting Unitech Corp. v. Atl. Nat’l Bank of Miami, 472 So. 2d 817, 818 (Fla. 3d DCA 1985))); Annex Indus. Park, LLC v. City of Hialeah, 218 So. 3d 452, 453 (Fla. 3d DCA 2017) (“‘Leave to amend should not be denied unless the privilege has been abused or the complaint is clearly not amendable.’” (quoting Osborne v. Delta Maint. and Welding, Inc., 365 So. 2d 425, 427 (Fla. 2d DCA 1978))); Carib O…
Authorities Cited
- Grove Isle Ass'n, Inc. v. Grove Isle Assocs., LLLP, 137 So. 3d 1081 (Fla. 3d DCA 2014)
- Osborne v. DELTA Maint. & Welding, Inc., 365 So. 2d 425 (Fla. 2d DCA 1978)