UN MONDE NOUVEAU, INC., D/B/A A NEW WORLD ACADEMY
v.
YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH FLORIDA, INC., A/K/A YMCA OF SOUTH FLORIDA, INC.

Fla. 3d DCA | 2025-01-29
No. 3D2024-0426
317 So. 3d 1229 Florida District Court of Appeal, Third District (2025) Positive Treatment
Cited by 10 cases

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Synopsis

A New World Academy appealed the dismissal of its third amended complaint against the YMCA of South Florida. The Florida District Court of Appeal affirmed the trial court's dismissal with prejudice, holding that courts are not required to allow plaintiffs unlimited opportunities to amend complaints.


Holding

The trial court did not abuse its discretion in dismissing the third amended complaint with prejudice. Courts are not required to award plaintiffs endless opportunities to amend their complaints.


Headnotes

[1] A trial court does not abuse its discretion by dismissing a complaint with prejudice after a plaintiff has been afforded multiple opportunities to amend.

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Key Quotes

“Courts are not required to award plaintiffs endless bites of the same apple”

Establishes the legal standard that courts have discretion to limit repeated amendments by plaintiffs

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Facts & Procedural History

Un Monde Nouveau, Inc., operating as A New World Academy, filed suit against the Young Men's Christian Association of South Florida, Inc. The plaintif…

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Opinion of the Court

PER CURIAM.

in dismissing Appellant’s Third Amended Complaint with prejudice. Because “[c]ourts are not required to award plaintiffs endless bites of the same apple[,]” Alvarez v. E & A Produce Corp., 708 So. 2d 997, 1001 (Fla. 3d DCA 1998), we hold the trial court did not err. Accordingly, we affirm. See Readon

v. WPLG, LLC, 317 So. 3d 1229, 1238 (Fla. 3d DCA 2021) (affirming the trial

court’s dismissal of the third amended complaint with prejudice and holding that the court did not abuse its discretion in doing so).

Affirmed.


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Cited By

  • …e “[c]ourts are not required to award plaintiffs endless bites of the same apple[,]” Alvarez v. E & A Produce Corp., 708 So. 2d 997, 1001 (Fla. 3d DCA 1998), we hold the trial court did not err. Accordingly, we affirm. See Readon v. WPLG, LLC, 317 So. 3d 1229, 1238 (Fla. 3d DCA 2021) (affirming the trial court’s dismissal of the third amended complaint with prejudice and holding that the court did not abuse its discretion in doing so). Affirmed.…
  • Lam v. Univision Commc'ns, Inc., 329 So. 3d 190 (Fla. 3d DCA 2021)
  • Sobers Brooks v. Renita Henry, 46 Fla. L. Weekly D2089 (Fla. 3d DCA 2022)
    …udice. Such argument would also have no merit. While the dismissed complaint was only the second amended complaint, it is clear from the complaint and attached documents that any attempt to amend would 4 have been futile. Readon v. WPLG, LLC, 317 So. 3d 1229, 1238 (Fla. 3d DCA 2021) (“Generally, refusal to allow amendment of a pleading constitutes an abuse of discretion unless it clearly appears that allowing the amendment would prejudice the opposing party; the privilege to amend has been abused; o…

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