JOSE LUIS ROSADO
v.
AMERICAN STORM PROTECTION CORP., ET AL.
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A party abuses the amendment process by making three or more ineffective attempts to state the same cause of action or defense, and the court's liberality in permitting amendments decreases with the number of amended pleadings.
[1] A party abuses the amendment process by filing three or more ineffective attempts to state the same cause of action or defense, and trial courts have decreasing discretio…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Although the number of amendments is not determinative of abuse, three ineffective attempts to state the same cause of action or defense are enough, and the liberality in permitting amendments decreases as the action progresses and as the number of amended pleading increases.”
The court cited Pangea Produce Distribs., Inc. v. Franco's Produce, Inc., 275 So. 3d 240, 242 (Fla. 3d DCA 2019) to support the standard for abuse of the amendment process.
Jose Luis Rosado appealed from a County Court decision in Miami-Dade County involving American Storm Protection Corporation and Miami-Dade County.…
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Third District Court of Appeal State of Florida
Opinion filed October 1, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D25-1713 Lower Tribunal No. 24-179896-CC-26
Jose Luis Rosado, Appellant,
vs.
American Storm Protection Corporation, et al., Appellees.
An Appeal from the County Court for Miami-Dade County, Michael Barket, Judge.
Jose Luis Rosado, in proper person.
McArdle Franco PLLC, and Xavier A. Franco and Michael A. Mullavey, for appellee American Storm Protection Corporation; Geraldine Bonzon- Keenan, Miami-Dade County Attorney, and Christopher J. Wahl, and Veronica N. Sanchez, Assistant County Attorneys, for appellee Miami-Dade County.
Before LOGUE, MILLER, and REBULL, JJ.
PER CURIAM.
Affirmed. See Pangea Produce Distribs., Inc. v. Franco's Produce, Inc., 275 So. 3d 240, 242 (Fla. 3d DCA 2019) (“Although the number of amendments is not determinative of abuse, three ineffective attempts to state the same cause of action or defense are enough, and the liberality in permitting amendments decreases as the action progresses and as the number of amended pleading increases.").
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Pangea Produce Distribs., Inc. v. Franco's Produce, Inc., 275 So. 3d 240 (Fla. 3d DCA 2019)