SIDDENS

v.

JOHNSON

Citator

Cited By

• Dysart v. Hunt, 383 So. 2d 259 (Fla. 3d DCA 1980)
  …976), cert. denied, 339 So. 2d 1167 (1976); Triax, Inc. v. City of Treasure Island, 208 So. 2d 669 (Fla. 2d DCA 1968); Neveils v. Thagard, 145 So. 2d 495, 498 (Fla. 1st DCA 1962); Tucker v. Daugherty, 122 So. 2d 230 (Fla. 2d DCA 1960), cert. denied, 125 So. 2d 878 (1960); Edwards v. Young, 107 So. 2d 244 (Fla. 2d DCA 1958); compare Batista v. Walter & Bernstein, P.A., 378 So. 2d 1321 (Fla. 3d DCA 1980). The ease is therefore controlled by the familiar principle expressed in Cortina v. Cortina, 98 So. 2d 334,…
• Triax, Inc. v. City OF Treasure Island, 208 So. 2d 669 (Fla. 2d DCA 1968)
  …d by the express or implied consent of the parties, and the trial court was correct in so concluding. Cf. Neveils v. Thagard, Fla.App.1962, 145 So. 2d 495, 497-498; Tucker v. Daugherty, Fla.App.1960, 122 So. 2d 230, 232, cert. denied mem., Fla.1960, 125 So. 2d 878. Furthermore, while our courts are generally liberal in permitting the amendment of a pleading, this liberality gradually diminishes as the case progresses. United States v. State, Fla.App.1965, 179 So. 2d 890, 893. Under the circumstances at bar, t…
• Freshwater v. Vetter, 511 So. 2d 1114 (Fla. 2d DCA 1987)
  …e. Fla.R.Civ.P. 1.190. However, amending to state a new cause of action should not be allowed over objection. Triax, Inc. v. City of Treasure Island, 208 So. 2d 669 (Fla. 2d DCA 1968); Tucker v. Daugherty, 122 So. 2d 230 (Fla. 2d DCA), cert. denied, 125 So. 2d 878 (Fla.1960). We think the trial judge abused his discretion in this case by allowing Freshwater to amend his pleadings to state a cause of action against Vetter individually on a fraud theory after the close of Freshwater’s case against Vet-ter which…