CLARENCE HARRY JOHNSON, APPELLANT,
v.
RCA CORPORATION AND THE TRAVELERS INSURANCE COMPANY, APPELLEES

Fla. 3d DCA | 1981-03-31
No. 80-1147
Before NESBITT, BASKIN and FERGUSON, JJ.
395 So. 2d 1262 Florida District Court of Appeal, Third District (1981) Negative Treatment
Cited by 11 cases

Opinion of the Court
PER CURIAM.

[*1263] PER CURIAM.

Affirmed. Failure to seek leave of court or written consent of adverse party to amend complaint prior to dismissal with prejudice and failure to then move for a rehearing requesting leave to amend, precludes raising issue for first time on appeal. Fla.R.Civ.P. 1.190(a); Hohenberg v. Kirstein, 349 So. 2d 765 (Fla. 3d DCA 1977) citing Margolis v. Klein, 184 So. 2d 205 (Fla. 3d DCA 1966); Ely v. Shuman, 233 So. 2d 169 (Fla. 3d DCA 1970).


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  • Conchita Palmar v. Emilio Palmar, 402 So. 2d 20 (Fla. 3d DCA 1981)
    …ted to the use of proffers by counsel as a means of determining child support, we may not consider the issue raised for the first time on appeal. See, e. g., Hartley v. Florida East Coast Railway Co., 339 So. 2d 630 (Fla.1976); Johnson v. RCA Corp., 395 So. 2d 1262 (Fla.3d DCA 1981); Allender v. First Federal Savings & Loan Association of Titusville, 389 So. 2d 1226 (Fla.5th DCA 1980); Jaruagua Enterprises, Inc. v. Dom, Inc., 339 So. 2d 702 (Fla.3d DCA 1976). Nor do we find here a fundamental error justifying…
  • Century 21 Admiral's Port, Inc. v. Walker, 471 So. 2d 544 (Fla. 3d DCA 1985)
    …request on the ground that appellants’ failure to seek leave to amend prior to the dismissal with prejudice or to move for rehearing requesting leave to amend, precludes consideration of the issue for the first time on appeal. Johnson v. RCA Corp., 395 So. 2d 1262 (Fla. 3d DCA 1981); Hohenberg v. Kirstein, 349 So. 2d 765 (Fla. 3d DCA 1977).…
  • Davis v. SUN First Nat'l Bank OF Orlando, 408 So. 2d 608 (Fla. 5th DCA 1981)
    …re, however, the record fails to show that appellant sought leave of court to amend or that she moved for a rehearing requesting leave to amend. Thus, she is precluded from asserting this issue for the first time on appeal. See Johnson v. RCA Corp., 395 So. 2d 1262, 1263 (Fla.3d DCA 1981); Hohenberg v. Kirstein, 349 So. 2d 765 (Fla.3d DCA 1977).1 Even if appellant had moved to amend, the trial court’s refusal to allow her to do so would not have been reversible error. If appellant alleged additional facts to…

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