Florida Real-Estate Dispute: The Rules of Civil Procedure–can a judge dismiss my complaint without allowing me to amend it first?
Are you thinking about filing a complaint against a start-up company in Palm Beach? Does your complaint involve money taken by a partner or investor? After filing your complaint, you may want to add a new cause of action (reason for the lawsuit) to the complaint before the other side responds to it. Can your judge say, “no” to your request to amend? Read this recent case from Florida’s 4th District Court of Appeal that discusses your legal rights to amend.
What is an amended complaint under Florida law?
- An amended complaint is when the person or corporation that is suing needs to change the original complaint after it has already been filed.
- You are allowed to make an amendment once.
- When can I amend the complaint I filed in Miami? The amendment can be made at any time before the other side responds to the original complaint.
- Or, if the person you are suing is not allowed (by law) to respond to your complaint and your case has not yet been placed on the trial calendar, then you can make an amendment within 20 days after it was served to the other side.
- Check to see if your contract trial has been scheduled on the Broward Countycourthouse calendar.
- Otherwise, you may amend your complaint only if the other side gives you written permission to or by leave of court.
Can a judge dismiss my complaint without allowing me to amend it first?
- NO, a judge cannot dismiss your complaint without first allowing you to amend it.
- Your company lawyer may need to correct some of the facts in the original complaint in a limited liability company lawsuit.
- It is your right to make corrections or additions to your original complaint before a judge decides whether to dismiss it.
- If the commercial litigation law firm that you hired to represent your business needs to add a new name to your complaint before the other side responds, your judge must give it the opportunity to do so.
To read a free online copy of this case opinion and learn more about your right to amend under Florida law, click here:
http://www.4dca.org/opinions/Jan%202015/01-07-15/4D13-3387.op.pdf.