Woldseth v. State, 261 So. 3d 660 (Fla. 2d DCA 2018). · Go Syfert
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Woldseth v. State, 261 So. 3d 660 (Fla. 2d DCA 2018). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case · …granting leave to amend is particularly appropriate where the amendment is based on the same conduct, transaction, or occurrence from which the original claim arose and only changes a party's legal theory of the case. ⚠ not in text
14 citation events (14 in the last 25 years) across 1 distinct court.
Strongest positive: DESIGN NEUROSCIENCE CENTERS, P.L., etc. v. PRESTON J. FIELDS, P.A. (fladistctapp, 2023-04-05)
Top citers, strongest first. 5 distinct citers. How cited ↗
examined Cited as authority (quoted) DESIGN NEUROSCIENCE CENTERS, P.L., etc. v. PRESTON J. FIELDS, P.A.
Fla. Dist. Ct. App. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence low
granting leave to amend is particularly appropriate where the amendment is based on the same conduct, transaction, or occurrence from which the original claim arose and only changes a party's legal theory of the case.
discussed Cited as authority (rule) PWBC, LLC. v. Palm Vista Homeowners Association, Inc.
Fla. Dist. Ct. App. · 2025 · confidence medium
Sorenson, 261 So. 3d at 663 (concluding “the court abused its discretion in denying Sorenson the opportunity to amend to add new arguments solely because of the length of time the action had been pending” because there was “no indication that the Bank would be prejudiced by allowing the amendment, especially considering the case had been pending so long in large part due to the Bank’s actions”).
discussed Cited as authority (rule) SARA SHIFRA GERBER v. TZVI MORDECHAI DUBROWSKI
Fla. Dist. Ct. App. · 2023 · confidence medium
Mellon, 261 So. 3d 660, 663 (Fla. 2d DCA 2018) (reversing denial of leave to amend filed the day before trial); Burr v. Norris, 667 So. 2d 424, 426 (Fla. 2d DCA 1996) (reversing denial of leave to amend filed "fully a month before the scheduled trial"); Hall v. Hall, 171 So. 3d 817, 823 (Fla. 4th DCA 2015) (reversing denial of leave to amend filed thirty days before trial).
cited Cited as authority (rule) THE BANK OF NEW YORK MELLON, etc. v. REGIS BONTOUX
Fla. Dist. Ct. App. · 2022 · confidence medium
Sorenson, 261 So. 3d at 663.
discussed Cited "see" CHHS HOSPITAL COMPANY LLC, D/B/A CHESTNUT HILL HOSPITAL v. JOHN HARMON
Fla. Dist. Ct. App. · 2024 · signal: see · confidence high
See Sorenson, 261 So. 3d at 663 (" '[L]iberality in granting leave to amend diminishes as the case progresses to trial.' But even where the motion to amend is not filed until shortly before trial, the 'justice factor' can outweigh the prejudice to the opposing party caused by having to prepare for the new issue—typically, such prejudice should be remedied with a continuance instead of the denial of amendment." (quoting Marquesa at Pembroke Pines Condo.
Retrieving the full opinion text from the archive…
James R. WOLDSETH, DOC R33402
v.
STATE of Florida
Case No. 2D16-2354.
District Court of Appeal of Florida, Second District.
Nov 16, 2018.
261 So. 3d 660
James R. Woldseth, pro se., Pamela Jo Bondi, Attorney General, Tallahassee, and Helene S. Parnes, Special Assistant Attorney General, Tampa, for Appellee.
Sleet.
Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 69%
Citer courts: District Court of Appeal of Fl… (1)
SLEET, Judge.

James Woldseth appeals his amended sentences after the postconviction court granted his Florida Rule of Criminal Procedure 3.850 motion, vacating one of his convictions and resentencing him on his remaining offenses. We affirm Woldseth's amended sentences and restitution order of $823,233.88 to the victim. However, on appeal he argues that the trial court erroneously imposed costs and fees when it resentenced Woldseth on May 10, 2017. We agree. Because costs and fees were orally waived at the resentencing hearing, we reverse and remand for the trial court to strike the award of court costs and fees.

Affirmed in part, reversed in part, and remanded with instructions.

KELLY, and MORRIS, JJ., Concur.