BROWARD CARE AT HOME, LLC, ET AL
v.
ANDREW SHOOK AND ASSIST NURSING AGENCY, LLC
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A trial court abuses its discretion by granting leave to amend a complaint when the plaintiff fails to attach the proposed amended pleading to the motion and serve it at least twenty days before the hearing as required by Florida Rule of Civil Procedure 1.190.
[1] A trial court abuses its discretion by granting leave to amend a complaint under Florida Rule of Civil Procedure 1.190 when the proposed amended pleading is not attached…
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Join FLexlaw to unlock all legal intelligencePlaintiff sought leave to amend his complaint to assert punitive damages claims against defendants Shook and Assist Nursing Agency, LLC. The plaintiff…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
BROWARD CARE AT HOME, LLC, ATLANTIC HOME HEALTH AGENCY OF SOUTH FLORIDA, LLC, HOMECARE PARTNERS MANAGEMENT, LLC, DAVID CHRIS RUCKER, RYAN RUSKIN, BRIAN JOHNSON, and JAMES SPRIGS, Appellants,
V.
ANDREW SHOOK and ASSIST NURSING AGENCY, LLC, Appellees.
No. 4D2026-0220 [October 21, 2026]
Appeal of a nonfinal order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carlos A. Rodriguez, Judge; L.T. Case No. 062024CA005197AXXXCE.
Samuel B. Spinner of Carlton Fields, Miami, and David J. Carrier of Carlton Fields, Minneapolis, Minnesota, Pro Hac Vice, for appellants.
Brigid F. Cech Samole and Elizabeth C. Sardinas of Greenberg Traurig, P.A., Miami, for appellees.
PER CURIAM.
We reverse the order granting the plaintiff leave to amend his complaint to assert punitive damages claims. Florida Rule of Civil Procedure 1.190 requires the proposed amended pleading to be attached to the motion and served at least twenty days before the hearing. Cowan v. Levai, 427 So. 3d 147, 150–51 (Fla. 3d DCA 2025); Taylor v. City of Lake Worth, 964 So. 2d 243, 244 (Fla. 4th DCA 2007). The plaintiff neither attached the proposed amended complaint to his motion nor filed his proposed amended complaint until seven days before the hearing.
Reversed and remanded.
MAY, GROSS and SHEPHERD, JJ., concur.
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