LONG AND SCOTT FARMS, INC.,
v.
LAKE JEM FARMS, INC.
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An amended pleading that is complete in itself and does not refer to or adopt a former pleading supersedes the original pleading.
[1] An amended pleading that is complete in itself and does not refer to or adopt a former pleading as part of it supersedes the original pleading under Florida Rules of Civi…
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Join FLexlaw to unlock all legal intelligence“An amended pleading that is complete in itself and that does not refer to or adopt a former pleading as a part of it supersedes the former pleading.”
The court cited this principle from Barnes v. Horan to support its affirmance of the trial court's judgment.
This case involves a dispute between Long and Scott Farms, Inc. and Lake Jem Farms, Inc. regarding pleading requirements in a civil action.…
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 5D2024-3362 LT Case No. 2018-CA-002062-A
LONG AND SCOTT FARMS, INC., Appellant,
V.
LAKE JEM FARMS, INC., Appellee.
On appeal from the Circuit Court for Lake County. Dan R. Mosley, Judge.
John D. Metcalf, Jr., of Brionez + Brionez, P.A., Tavares, for Appellant.
Zachary J. McCormick, of Zach McCormick Attorney at Law, PLLC, Tavares, for Appellee.
October 2, 2026
PER CURIAM.
AFFIRMED. Fla. R. Civ. P. 1.100(a) (“There must be a complaint or, when so designated by a statute or rule, a petition, and an answer to it; [and] an answer to a counterclaim denominated as such[.]"); E.P. v. Hogreve, 259 So. 3d 1007, 1010 n.2 (Fla. 5th DCA 2018) (“[A]n original pleading is superseded by an amended pleading that does not indicate an intention to preserve any portion of the original pleading."); Barnes v. Horan,
841 So. 2d 472, 475 n.1 (Fla. 3d DCA 2002) (“An amended pleading that is complete in itself and that does not refer to or adopt a former pleading as a part of it supersedes the former pleading.”).
JAY, C.J., and KILBANE and MACIVER, JJ., concur.