abuse of the amendment privilege (Florida) · Go Syfert
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abuse of the amendment privilege in Florida

8 Florida opinions name it 1 courts 1982–2024 1 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Affordable Homes, Inc. v. Devil's Run, Ltd.green
fladistctapp · 1982 · cited in 7 Florida opinions naming this issue, 1983–2024
2 sentences

2024See Sousa v. Zuni Transp., Inc., 286 So. 3d 820 , 821 (Fla. 3d DCA 2019) (setting forth de novo review of an order granting a motion to dismiss); see also Affordable Homes, Inc. v. Devil’s Run, Ltd., 408 So. 2d 679, 680 (Fla. 1st DCA 1982) (holding that “the trial court abused its discretion in dismissing the complaint with prejudice” and explaining that leave to amend is proper “unless there has been an abuse of the amendment privilege, or the complaint shows on its face that there is a deficiency which cannot be cured by amendment”).

2000The trial court denied West Coast’s ore tenus motions and dismissed its petition with prejudice, stating that the Hospital Board was not subject to the APA, that West Coast failed to plead or show a right to administrative review of the contract award, and that West Coast failed to plead or show “that the Board took any action that would compel this Court to interfere with the Board’s judgment. ...” “Generally, the trial court will give leave to amend a deficient complaint unless there has been an abuse of the amendment privilege, or the complaint shows on its face that there is a deficiency w

37

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Sheffield v. Davis green
fladistctapp · 1990
1 sentence

1991Affordable Homes, Inc. v. Devil's Run, Ltd., 408 So.2d 679 (Fla. 1st DCA 1982); Sheffield v. Davis, 562 So.2d 384 (Fla. 2d DCA 1990).

11991–1991
Ayers v. Home Owners Association of Killearn Estates neutral
fladistctapp · 1978
1 sentence

1983As we have previously recognized, a trial court may abuse its discretion if it fails to give a plaintiff "at least one chance to amend his complaint." Ayers v. Home Owners Ass'n of Killearn Estates, 360 So.2d 1326 (Fla. 1st DCA 1978).

11983–1983
Anthony v. JACKSONVILLE TRANSP. AUTHORITY neutral
fladistctapp · 1980
1 sentence

1982Anthony v. Jacksonville Transportation Authority, 383 So.2d 650 (Fla. 1st DCA 1980); Highlands County School Board v. K.D.

11982–1982

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