WILLIAM WILSON, JR., INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MURIEL B. WILSON AND JOHN WILSON, AS SUCCESSOR TRUSTEE OF THE MURIEL B. WILSON REVOCABLE TRUST
v.
CLARENCE H. HOUSTON, JR., AS CURATOR OF THE ESTATE OF THOMAS M. BOYETTE, SR.
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.
A trial court abuses its discretion by denying a motion for leave to amend pleadings to add a setoff defense when the moving party did not abuse the privilege to amend, the proposed amendment would not be futile, and the opposing party would not be prejudiced.
[1] A trial court abuses its discretion by denying a motion for leave to amend pleadings when the moving party has not abused the privilege to amend, the proposed amendment w…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the trial court abused its discretion by denying appellant's motion for leave to amend its answer to add a counterclaim where appellant did not abuse the privilege to amend, the proposed amendment would not have been futile, and appellee would not have been prejudiced by the amendment”
Citation to S. Devs. & Earthmoving, Inc. v. Caterpillar Fin. Servs. Corp., 56 So. 3d 56, 62–63 (Fla. 2d DCA 2011)
Appellants William Wilson, Jr. and John Wilson appealed an Amended Final Judgment finding them liable for damages arising from the sale of property in…
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 Setoff Defense cases and more on FLexlaw
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
WILLIAM WILSON, JR., INDIVIDUALLY
AND AS PERSONAL REPRESENTATIVE
OF THE ESTATE OF MURIEL B. WILSON
AND JOHN WILSON, AS SUCCESSOR
TRUSTEE OF THE MURIEL B. WILSON
REVOCABLE TRUST,
Appellants,
v. Case No. 5D20-218
CLARENCE H. HOUSTON, JR., AS
CURATOR OF THE ESTATE OF
THOMAS M. BOYETTE, SR.,
Appellee. / Opinion filed June 18, 2021 Appeal from the Circuit Court for St. Johns County,
R. Lee Smith, Judge.
Bryan S. Gowdy, of Creed & Gowdy, P.A., Jacksonville, for Appellants. Michael J. Korn, of Korn & Zehmer, P.A., Jacksonville, and Joshua A. Woolsey and Nicholas W. Morcom, of Woolsey Morcom, PLLC, Ponte Vedra, for Appellee.
WALLIS, J.
Appellants appeal the Amended Final Judgment entered in favor of Appellee, which found that they were liable to Appellee for damages that arose out of the sale of property in St. Johns County. We agree with Appellants that the trial court abused its discretion when it denied their request for leave to amend their pleadings to add a setoff defense. See S. Devs. & Earthmoving, Inc. v. Caterpillar Fin. Servs. Corp., 56 So. 3d 56, 62–
63 (Fla. 2d DCA 2011) (holding that the trial court abused its discretion by denying appellant's motion for leave to amend its answer to add a counterclaim where appellant did not abuse the privilege to amend, the proposed amendment would not have been futile, and appellee would not have been prejudiced by the amendment). Therefore, we reverse the portion of the Amended Final Judgment awarding Appellee damages and remand for the trial court to consider Appellants' claims related to the setoff defense. In all other respects we affirm. AFFIRMED in Part, REVERSED in Part, and REMANDED. EISNAUGLE and WOZNIAK, JJ., concur.
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- S. Developers & Earthmoving, Inc. v. Caterpillar Fin. Servs. Corp., 56 So. 3d 56 (Fla. 2d DCA 2011)