GILBERT E. SURETTE ET AL., PETITIONERS,
v.
ARTHUR GALIARDO, JR., ET AL., RESPONDENTS
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The trial court departed from the essential requirements of law by denying plaintiffs' motion to amend the complaint to add insurers as defendants.
Plaintiffs in a tort action sought to add additional insurers of the Broward County School Board as defendants. The trial court denied their motion to…
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WALDEN, Judge.
Because of the special circumstances of this case we feel that plaintiffs may reasonably suffer material injury throughout the subsequent proceedings for which the remedy by appeal will be inadequate. We exercise our discretionary power to entertain the grievance via common law certiorari. Girten v. Bouvier, 155 So. 2d 745 (2d D.C.A.Fla.1963).
Pre-trial plaintiffs attempted to add certain additional insurers of the Broward County School Board as defendants in this tort action. It is our view that the trial court departed from the essential requirements of law when it denied the plaintiffs’ motion to amend the complaint, which motion would have brought the insurers into the suit.
Leave to amend should be freely granted. F.R.C.P. 1.190 (1974); Gull Construction Co. v. Hendrie, 271 So. 2d 775 (2d D.C.A.Fla.1973); Petterson v. Concrete Construction, Inc., 202 So. 2d 191 (4th D.C.A.Fla.1967). Thus we grant certiorari; quash the order denying plaintiffs’ motion to amend the complaint; and remand for further proceedings.
This decision shall be without prejudice to the right of the new defendants to assert such defenses byway of motion, answer and affirmative defenses as they are advised. We do not express an opinion at this time as to the issue of statute of limitations if same should be raised.
Certiorari granted, with directions.
OWEN, C. J., and DOWNEY, J., concur.
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Trucap Grantor Tr. 2010-1 v. Pelt, 84 So. 3d 369 (Fla. 2d DCA 2012)…771 (Fla. 2d DCA 2011); Harry Pepper & Assocs., Inc. v. City of Cape Coral, 369 So. 2d 969, 970 (Fla. 2d DCA 1979); Majestic Sun Owners’ Ass’n, Inc. v. Fla. Condos I Ltd. P’ship, 895 So. 2d 534, 534 (Fla. 1st DCA 2005). But see Surette v. Galiardo, 309 So. 2d 253, 253 (Fla. 4th DCA 1975) (determining that, due to the “special circumstances” of the case and the inadequacy of the remedy by appeal, certiorari relief was warranted concerning an order denying a motion to amend a complaint to add defendants). Alt…
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Inez Hall and Eugene Hall v. Wojechowski, 312 So. 2d 204 (Fla. 4th DCA 1975)…at pretrial conference and the motion to amend then made and denied. It is our judgment that the denial represented an abuse of discretion which can not be fully corrected by plenary appeal. We reverse upon authority of Surette v. [*205] Galiardo, 309 So. 2d 253 (4th DCA Fla. 1975). See also Rule 1.190(e), F.R.C.P., which provides the tone and criteria to be employed in the consideration of amendments. We grant certiorari; quash the order denying plaintiffs’ motion to amend the complaint and remand for fur…
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Carlos v. Context-Marks Corp., 346 So. 2d 595 (Fla. 3d DCA 1977)…hat leave to amend the pleadings “shall be given freely when justice so requires,” we are of the opinion that appellants should be allowed to file their amended complaint. See Haag v. Phillips, 333 So. 2d 507 (Fla. 2d DCA 1976); Surette v. Galiardo, 309 So. 2d 253 (Fla. 4th DCA 1975); Turner v. Trade-Mor, Inc., 252 So. 2d 383 (Fla. 4th DCA 1971); Tucker v. Daugherty, 122 So. 2d 230 (Fla. 2d DCA 1960). While we are not unmindful of appellees’ contention that prejudice would result from the allowance of an ame…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Girten v. Bouvier, 155 So. 2d 745 (Fla. 2d DCA 1963)
- Conyers v. State, 202 So. 2d 191 (Fla. 1st DCA 1967)
- Grous v. Wilke Berry Standland and Corlen Standland, 271 So. 2d 775 (Fla. 1st DCA 1973)
- Gull Constr. Co. v. Hendrie, 271 So. 2d 775 (Fla. 2d DCA 1973)