Anson Inc. v. Deutsch

District Court of Appeal of Florida

Anson Inc. v. Deutsch

613 So. 2d 65, 1993 Fla. App. LEXIS 58

CourtDistrict Court of Appeal of Florida

DecidedJanuary 13, 1993

DocketNos. 90-2171, 90-2378 and 91-0372

StatusPublished

Cited by1 cases

This text of 613 So. 2d 65 (Anson Inc. v. Deutsch) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Anson Inc. v. Deutsch, 613 So. 2d 65, 1993 Fla. App. LEXIS 58 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

Appellant, the defendant in the trial court, appeals (1) an interlocutory judgment determining appellee’s right to an accounting; and (2) a final judgment in favor of appellee for money damages, attorney’s fees and costs. No answer brief has been filed on behalf of appellee.

We hold that the trial court erred in denying appellant’s motion for leave to amend its answer and affirmative defenses at a point in time when this case was not scheduled for trial and appellee would not have been prejudiced by the amendment. Bill Williams Air Conditioning & Heating, Inc. v. Haymarket Cooperative Bank, 592 So.2d 302 (Fla. 1st DCA 1991), rev. dismissed, 598 So.2d 76 (Fla.1992); Wackenhut Protective Sys., Inc. v. Key Biscayne Commodore Club Condominium I, Inc., 350 So.2d 1150 (Fla. 3d DCA 1977). Appellant has raised other points on appeal related to the trial which we need not determine in view of our ruling on the first point.

Reversed and remanded for further proceedings consistent with this opinion.

LETTS and POLEN, JJ., and ALDERMAN, JAMES E., Senior Justice, concur.

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PER CURIAM.

Appellant, the defendant in the trial court, appeals (1) an interlocutory judgment determining appellee’s right to an accounting; and (2) a final judgment in favor of appellee for money damages, attorney’s fees and costs. No answer brief has been filed on behalf of appellee.

We hold that the trial court erred in denying appellant’s motion for leave to amend its answer and affirmative defenses at a point in time when this case was not scheduled for trial and appellee would not have been prejudiced by the amendment. Bill Williams Air Conditioning & Heating, Inc. v. Haymarket Cooperative Bank, 592 So.2d 302 (Fla. 1st DCA 1991), rev. dismissed, 598 So.2d 76 (Fla.1992); Wackenhut Protective Sys., Inc. v. Key Biscayne Commodore Club Condominium I, Inc., 350 So.2d 1150 (Fla. 3d DCA 1977). Appellant has raised other points on appeal related to the trial which we need not determine in view of our ruling on the first point.

Reversed and remanded for further proceedings consistent with this opinion.

LETTS and POLEN, JJ., and ALDERMAN, JAMES E., Senior Justice, concur.

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613 So. 2d 65, 1993 Fla. App. LEXIS 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anson-inc-v-deutsch-fladistctapp-1993.

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