SAM F. SANTI, INDIVIDUALLY, AND SANTI EQUIPMENT RENTALS, INC., A FLORIDA CORPORATION, JOINTLY AND SEVERALLY, APPELLANTS,
v.
THE ZACK COMPANY, A FLORIDA CORPORATION, APPELLEES
SAM F. SANTI, INDIVIDUALLY, AND SANTI EQUIPMENT RENTALS, INC., A FLORIDA CORPORATION, JOINTLY AND SEVERALLY, APPELLANTS,
THE ZACK COMPANY, A FLORIDA CORPORATION, APPELLEES
287 So. 2d 127
Florida District Court of Appeal, Third District (1973)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
The single point raised on this appeal is whether the trial judge erred in denying plaintiffs-appellants’ motion to amend the complaint during trial. The amendment sought to completely change the basis of the action. It cannot be said that under the circumstances of this case an abuse of discretion has been shown. See Brown v. Montgomery Ward & Company, Fla.App. 1971, 252 So. 2d 817.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dimick v. RAY, 774 So. 2d 830 (Fla. 4th DCA 2000)…ullough v. McCullough, 156 Fla. 321, 23 So. 2d 139 (1945), Frenz Enterprises, Inc. v. Port Everglades, 746 So. 2d 498 (Fla. 4th DCA 1999), Designers Tile International Corp. v. Capitol C Corp., 499 So. 2d 4 (Fla. 3d DCA 1986), and Santi v. Zack Co., 287 So. 2d 127 (Fla. 3d DCA 1973), all cited in the trial court’s order, amendments were not allowed which proposed to add new and different causes of action either during trial or after the trial had been completed. The prejudice in adding new causes of action or…
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Bldg. B1, LLC v. Component Repair Servs., Inc., 224 So. 3d 785 (Fla. 3d DCA 2017)…f the request, CRS’s objection and the ensuing prejudice resulting from its inability to prepare for or defend against this newly-advanced theory. See Designers Tile Int’l Corp. v. Capitol C Corp., 499 So. 2d 4 (Fla. 3d DCA 1986); Santi v. Zack Co., 287 So. 2d 127 (Fla. 3d DCA 1973). [*790] Finally, Building Bl asserts that the trial court erred in finding in favor of CRS on its counterclaim and in finding Building Bl liable on an unpled theory of a breach of an oral agreement. The substance of the oral agree…
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Universal Ins. Co. of N. Am. v. Sunset 102 Off. Park Condo. Ass'n, Inc. (Fla. 3d DCA 2023)…objection and the resulting prejudice to Sunset in its ability to prepare for or defend against this new theory of ---PAGE 5--- defense. See also Designers Tile Int'l Corp. v. Capitol C Corp., 499 So. 2d 4 (Fla. 3d DCA 1986); Santi v. Zack Co., 287 So. 2d 127 (Fla. 3d DCA 1973).1 2. Spoliation Prior to trial, Universal filed a motion for relief based on alleged spoliation of evidence, asserting Sunset had intentionally destroyed evidence when it undertook repairs on two of the four insured buildings,…
Authorities Cited
- Brown v. Montgomery Ward & Co., 252 So. 2d 817 (Fla. 1st DCA 1971)