MARATHON LODGE NO 1058 LOYAL ORDER OF MOOSE, INC.
v.
BOHUSLAVA PERSL
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Marathon Lodge appealed a trial court's denial of its motion to amend its complaint shortly before trial and a judgment awarding attorneys' fees to the defendant Persl under a proposal for settlement. The appellate court affirmed both orders, finding no abuse of discretion in either ruling.
The trial court did not abuse its discretion in denying the motion to amend the complaint filed close to the trial date. The court could not discern any reversible error in the attorneys' fees award without a transcript of the evidentiary hearing.
[1] A trial court does not abuse its discretion in denying a motion to amend a pleading when the motion is filed shortly before the scheduled trial date, as the liberal stand…
[2] An appellate court cannot discern reversible error in attorneys' fees awarded by a trial court when the appellate record lacks a transcript of the evidentiary hearing on…
Previewing 2 of 2 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“This Court reviews the denial of a motion for leave to amend a pleading for abuse of discretion.”
Establishes the standard of review for denials of amendment motions
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMarathon Lodge sought to file an amended complaint approximately one week before trial. The trial court denied this motion. Subsequently, the defendan…
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Opinion filed May 29, 2024. Not final until disposition of timely filed motion for rehearing.
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Nos. 3D23-0841 & 3D22-1695 Lower Tribunal No. 19-113-M
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Marathon Lodge No 1058 Loyal Order of Moose, Inc.,
Appellant,
vs.
Bohuslava Persl,
Appellee.
Appeals from the Circuit Court for Monroe County, Mark H. Jones, Judge. Shochet Law Group, and Randall Shochet and Doreen Inkeles (Trenton), for appellant. Roth & Scholl, and Jeffrey C. Roth and Christine M. Rodriguez; Mintz Truppman, P.A., and Keith A. Truppman, for appellee. Before SCALES, GORDO, and LOBREE, JJ. PER CURIAM. In these consolidated appeals, Marathon Lodge No 1058 Loyal Order of Moose, Inc., appellant and plaintiff below, challenges the final judgment of the trial court, claiming that the trial court erred by denying its motion for leave to file an amended complaint that it sought to file a little over a week before trial (3D22-1695); and challenges a final judgment awarding Bohuslava Persl, appellee and defendant below, attorneys’ fees pursuant to a proposal for settlement (3D23-0841). We affirm both orders. The trial court did not abuse its discretion in denying appellant’s motion seeking leave to file an amended complaint. Toscano Condo. Ass’n v. DDA Eng’rs, P.A., 274 So. 3d 487, 490 (Fla. 3d DCA 2019) (“This Court reviews the denial of a motion for leave to amend a pleading for abuse of discretion.”). In Toscano, as here, this Court affirmed the denial of a motion for leave to amend the complaint that the plaintiff had made close to the scheduled date of trial, and recognized the general rule that a liberal granting of amendment decreases as a case progresses to trial. Id.
Without a transcript of the March 27, 2023 evidentiary hearing that the trial court conducted on Persl’s fee motion, we are unable to discern any reversible error in the amounts awarded by the trial court in its final judgment on attorneys’ fees and costs. Thomas v. Perkins, 723 So. 2d 293, 294 (Fla. 3d DCA 1998).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Thomas v. Juanza Perkins and John R. Perkins, 723 So. 2d 293 (Fla. 3d DCA 1998)
- Toscano Condo Assoc. v. Dda Eng'rs, 274 So. 3d 487 (Fla. 3d DCA 2019)