FRANCA SAYAO
v.
KNIGHTSBRIDGE BUSINESS NETWORK
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The trial court did not abuse its discretion in refusing to allow an amendment to the complaint.
[1] A trial court's refusal to allow an amendment to a complaint is not an abuse of discretion unless it clearly appears that allowing the amendment would prejudice the oppos…
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Join FLexlaw to unlock all legal intelligence“Refusal to allow an amendment is an abuse of the trial court's discretion unless it clearly appears that allowing the amendment would prejudice the opposing party, the privilege to amend has been abused, or amendment would be futile.”
Judge Luck's dissenting opinion citing JVN Holdings, Inc. v. Am. Const. & Repairs, LLC, 185 So. 3d 599, 601 (Fla. 3d DCA 2016)
Joao Batista Franca Sayao appealed a decision by the Circuit Court for Miami-Dade County regarding Knightsbridge Business Network, Inc. The appeal inv…
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Third District Court of Appeal State of Florida Opinion filed July 11, 2018. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D17-1543 Lower Tribunal No. 16-32728 ________________ Joao Batista Franca Sayao, Appellant, vs. Knightsbridge Business Network, Inc., Appellee. An Appeal from the Circuit Court for Miami-Dade County, Rosa I. Rodriguez, Judge. Michael J. Lascelle, P.A. and Jeffrey S. Greenhaus, for appellant. Kravitz & Guerra, and Timothy W. Ross; Roger M. Dunetz, for appellee. Before SALTER, LOGUE and LUCK, JJ.
PER CURIAM.
Affirmed. SALTER and LOGUE, JJ., concur.
LUCK, J., dissenting. I would reverse and remand. See JVN Holdings, Inc. v. Am. Const. & Repairs, LLC, 185 So. 3d 599, 601 (Fla. 3d DCA 2016) (“[R]efusal to allow an amendment is an abuse of the trial court’s discretion unless it clearly appears that allowing the amendment would prejudice the opposing party, the privilege to amend has been abused, or amendment would be futile.” (quotation omitted)). 2
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- JVN Holdings, Inc. v. Am. Constr. & Repairs, LLC, 185 So. 3d 599 (Fla. 3d DCA 2016)