Summary
holding that circuit court erred in denying motion for leave to amend complaint and entering a judgment on the pleadings, because appellant should have been given opportunity to amend his complaint where privilege had not been abused and complaint was amendable
Summary of this case from Moore v. Lib. MutOpinion
No. 83-582.
December 22, 1983.
Appeal from the Circuit Court, Seminole County, S. Joseph Davis, J.
Leon M. Boyajan, II, of J. Russell Hornsby, P.A., Orlando, for appellant.
Gary E. Massey, of Massey, Alper Walden, Altamonte Springs, for appellee.
This is an appeal from an Order denying the appellant's Motion for Leave to File Amended Complaint and a judgment on the pleadings. We find that the trial court abused its discretion by failing to grant the appellant at least one chance to amend his complaint. Townsend v. Ward, 429 So.2d 404 (Fla. 1st DCA 1983); Lewis v. Howanitz, 378 So.2d 310 (Fla. 3d DCA 1979); Ayers v. Home Owners Association of Killearn Estates, 360 So.2d 1326 (Fla. 1st DCA 1978). Leave to amend shall be given freely when justice so requires and it should not be denied unless the privilege has been abused or the complaint is clearly not amendable. Fla.R.Civ.P. 1.190(a).
REVERSED and REMANDED.
COBB, J., and DIAMANTIS, Associate Judge, concur.