Abuse Of Discretion Standard For Denying Leave To Amend

29 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Ellis M. Hurn v. Ret. Fund Tr. OF the Plumbing
  648 F.2d 1252· 9th Cir.· 1981-06-26 ·cited 38×
  The court held that the plaintiff's ERISA claim was properly dismissed because he had not reached normal retirement age, but the denial of leave to amend his complaint to add a Taft-Hartley Act claim was an abuse of discretion.
• Murphy v. White HEN Pantry Co.
  691 F.2d 350· 7th Cir.· 1982-10-19 ·cited 30×
  The court held that the plaintiffs failed to adequately plead a breach of contract claim and that no fiduciary duty was owed by the franchisor to the franchisees under Wisconsin law.
• N. Am. Speciality Ins. Co. v. Bergeron Land Dev., Inc.
  745 So. 2d 359· Fla. 4th DCA· 1999-09-22 ·cited 25×
  North American Specialty Insurance Company appealed the trial court's grant of summary judgment in favor of Bergeron Land Development, Inc. on a payment bond dispute. The Fourth District reversed, holding that the trial court abused its discretion by denying North American leave
• Feldman v. Allegheny Int'l, Inc.
  850 F.2d 1217· 7th Cir.· 1988-06-17 ·cited 24×
  The court held that no binding contract was formed because the parties explicitly agreed that a definitive, executed agreement was necessary, and essential terms remained unresolved.
• Fed. Home Loan Mortg. Corp. v. Beekman
  174 So. 3d 472· Fla. 4th DCA· 2015-08-19 ·cited 22×
  Federal Home Loan Mortgage Corporation appealed a trial court order granting a loan modification to borrower James Beekman in a foreclosure action. The court reversed, holding that loan modification was not pleaded, not tried by consent, and that the trial court lacked authority
• Reddy v. Litton Indus., Inc.
  912 F.2d 291· 9th Cir.· 1990-08-16 ·cited 22×
  An employee wrongfully terminated for refusing to participate in or report alleged racketeering activity lacks standing to sue under RICO because the injury suffered is the termination itself, not the predicate acts of racketeering.
• Rodriguez v. Recovery Performance & Marine, LLC
  38 So. 3d 178· Fla. 3d DCA· 2010-05-19 ·cited 20×
  Rodriguez appeals a summary judgment dismissing her FDUTPA claim against a jet ski seller, arguing the trial court erred in finding her damages (loan payments and down payment) non-recoverable and in denying leave to file a sixth amended complaint. The court affirmed, holding tha
• Joseph T. Miller Constr. Co., Inc. v. Seymour H. Borak
  82 So. 2d 147· Fla.· 1955-07-22 ·cited 16×
  Joseph T. Miller Construction Company appealed a trial court's dismissal of its action for damages for breach of a restrictive covenant. The Florida Supreme Court affirmed the dismissal under Supreme Court Rule 38, finding that the questions raised on appeal were either foreclose
• LAS Vegas ICE & Cold Storage Co. v. FAR W. Bank
  893 F.2d 1182· 10th Cir.· 1990-01-12 ·cited 15×
  The court held that a payor bank is accountable for a finally paid check even if the drawer's account lacks funds, and that a payee can sue the payor bank directly. The court also affirmed the denial of a motion to amend to add punitive damages due to untimeliness.
• Blackburn v. Shire US Inc
  18 F.4th 1310· 11th Cir.· 2021-11-29 ·cited 12×
  The court held that genuine disputes of material fact existed regarding causation in the failure-to-warn claim, precluding summary judgment, and certified two unsettled questions of Alabama law to the state's Supreme Court.
• Ronzani v. Sanofi S.A.
  899 F.2d 195· 2d Cir.· 1990-03-27 ·cited 12×
  The court held that dismissing a complaint without leave to amend, when leave was offered and no justifying reason was given, constitutes an abuse of discretion.
• JBJ Inv. OF S. Fla., Inc. v. S. Title Grp., Inc.
  251 So. 3d 173· Fla. 4th DCA· 2018-07-05 ·cited 9×
  JBJ Investment appeals summary judgment dismissing its legal malpractice claim against an attorney who prepared a mortgage with incorrect legal descriptions. The court reverses, finding genuine issues of material fact regarding whether an attorney-client relationship existed and
• Nadhum Shashoua, M.D. v. Quern
  612 F.2d 282· 7th Cir.· 1979-11-16 ·cited 8×
  The court held that the district court properly dismissed the complaint and denied leave to amend because the claims against the State were barred by the Eleventh Amendment or moot, and the claims against the individual defendant lacked allegations of personal involvement.
• Grover v. Karl
  164 So. 3d 1285· Fla. 2d DCA· 2015-06-12 ·cited 4×
  The trial court erred in denying leave to amend the complaint without determining if the amendment was prejudicial, an abuse of privilege, or futile.
• Levine v. United Cos. Life Ins. Co.
  659 So. 2d 265· Fla.· 1995-08-24 ·cited 4×
  The Florida Supreme Court approved the Third District Court of Appeal's affirmance of a mortgage foreclosure judgment but disapproved the district court's reliance on a usury savings clause doctrine that conflicted with the Supreme Court's concurrent decision in Jersey Palm-Gross
• Schlacter-Jones v. General Telephone OF California
  936 F.2d 435· 9th Cir.· 1991-06-17 ·cited 4×
  State law claims arising from an employee's drug testing and discharge are preempted by Section 301 of the LMRA when their resolution requires interpretation of the collective bargaining agreement.
• Chhs Hosp. Co. LLC v. Harmon
  381 So. 3d 679· Fla. 2d DCA· 2024-03-13 ·cited 3×
  The appellate court reversed a trial court's decision to deny a hospital's motion to amend its complaint and dismiss the case. The court found that the trial court abused its discretion by not allowing the amendment, which would have changed the claim from quantum meruit to breac
• Agate v. Clampitt
  80 So. 3d 450· Fla. 2d DCA· 2012-02-24 ·cited 3×
  The court held that the Statute of Frauds was inapplicable to at least one of the plaintiff's claims, and that the trial court erred in denying leave to amend the complaint to add a quantum meruit count.
• Sandi M. Newman v. State Farm Mut. Auto. Ins. Co.
  858 So. 2d 1205· Fla. 4th DCA· 2003-11-12 ·cited 3×
  A trial court abuses its discretion in denying a motion to amend a complaint close to trial when the amendment introduces only an alternative theory of an existing claim of which the opposing party is already aware from discovery and requires no additional preparation.
• Krilich v. Thomas
  973 So. 2d 1244· Fla. 4th DCA· 2008-01-30 ·cited 2×
  The Krilichs appealed the dismissal of their complaint for specific performance and the denial of their request to amend. The court affirmed the dismissal on the merits but reversed the denial of the amendment request, holding that the trial court abused its discretion in refusin
• Faber v. Karl OF Pasco, Inc.
  198 So. 3d 875· Fla. 2d DCA· 2016-06-29 ·cited 1×
  The court held that the trial court abused its discretion by denying the plaintiff leave to amend her complaint, as her affidavit sufficiently explained her prior deposition testimony rather than contradicting it.
• Doe v. Young Men's Christian Ass'n of the Suncoast, Inc.
  Fla. 2d DCA· 2026-05-15
  The trial court abused its discretion by dismissing with prejudice the parents' loss of filial consortium and breach of contract claims, as these claims had not been previously amended and dismissal would not prejudice the defendants or be futile. The trial court properly dismiss
• Great Bowery Inc. v. Consequence Sound LLC
  11th Cir.· 2026-05-05
  A copyright holder may grant an exclusive license to specific rights while retaining other exclusive rights in the same work, and an exclusive licensee of any subset of rights has statutory standing under § 501(b) to sue for infringement of that particular right. The mere fact th
• Chhs Hosp. Co. LLC v. Harmon
  Fla. 2d DCA· 2024-03-13
  A trial court abuses its discretion when it denies a motion to amend a complaint to state a breach of contract claim where the amendment is filed early in proceedings, based on the same facts as the original claim, causes no prejudice to the opposing party, and the proposed claim
• D J B Rentals, LLC v. City of Largo
  Fla. 2d DCA· 2023-11-03
  The trial court did not abuse its discretion in denying DJB's motion to continue the summary judgment hearing because DJB failed to act diligently in propounding discovery, having waited until January 7 to file written discovery requests when it had over two months to do so after
• Asgaard Fund, L.P. v. MM80 Oceanside Holdings, LLC
  Fla. 3d DCA· 2021-10-27
  An unissued or undelivered promissory note is binding on the maker under Florida Statute § 673.1051(2), and nondelivery is a defense that must be affirmatively pleaded; because the defendant failed to raise nondelivery as an affirmative defense, the notes were enforceable.
• W. Coast-Southern Med. Serv., Inc. v. Sarasota Cnty. Gov't Emergency Servs. Fire Dep't
  766 So. 2d 395· Fla. 2d DCA· 2000-08-11
  West Coast-Southern Medical Service appealed the dismissal of its petition challenging a contract award by the Sarasota County Public Hospital Board to the Fire Department for critical care ambulance services. The court reversed, holding that the trial court abused its discretion
• Polsby v. Chase
  970 F.2d 1360· 4th Cir.· 1992-07-29
  The court held that a former employee cannot bring a Title VII retaliation claim against a former employer for post-employment actions, and that Polsby's allegations did not support a RICO claim.
• Davis v. La. State Univ.
  876 F.2d 412· 5th Cir.· 1989-06-28
  The court held that the transferee court correctly applied the choice of law rules of the state in which it sits following a transfer from a district where personal jurisdiction over the defendant could not be obtained.