Amending Your Lawsuit in Florida: How Many Chances Do You Get?
Can you amend a Florida probate or civil lawsuit? What should your guardianship litigation lawyer know about amending lawsuits in Florida? People frequently file lawsuits and complaints in the West Palm Beach probate and guardianship courts. Are you allowed to amend a complaint after it is already officially filed? In Florida, generally, you are allowed to amend your lawsuit. This makes sense because, sometimes, new facts are discovered that may completely change things. However, there are some exceptions to the rule. In Florida, parties cannot amend their complaint if there is prejudice. For example, a party cannot use amending a complaint as a delaying tactic.
If you are involved in a situation where you are not permitted to amend your Florida complaint, you may want to read a recent 3rd DCA opinion, If Six Were Nine,LLC v. Lincoln Road III, LLC. This opinion talks about amending a lawsuit, and it explains when a court should permit someone to amend a complaint. To read the entire opinion, click here.