City of Boca Raton v. Ross Hofmann Associates, Inc.

District Court of Appeal of Florida

City of Boca Raton v. Ross Hofmann Associates, Inc.

501 So. 2d 72, 12 Fla. L. Weekly 261, 1987 Fla. App. LEXIS 6274

CourtDistrict Court of Appeal of Florida

DecidedJanuary 14, 1987

DocketNo. 4-86-1141

StatusPublished

Cited by3 cases

This text of 501 So. 2d 72 (City of Boca Raton v. Ross Hofmann Associates, Inc.) 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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City of Boca Raton v. Ross Hofmann Associates, Inc., 501 So. 2d 72, 12 Fla. L. Weekly 261, 1987 Fla. App. LEXIS 6274 (Fla. Ct. App. 1987).

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Opinion

HERSEY, Chief Judge.

After entry of summary final judgment for appellant and denial of appellee’s motion for rehearing, the trial court granted appellee’s previously filed motion to amend its complaint. We reverse on the ground that the court lost jurisdiction and had no authority to permit an amendment to the complaint after denial of rehearing. Florida National Bank v. Domanska, 486 So.2d 1384 (Fla. 3d DCA 1986). See also Shelby Mutual Insurance Co. v. Pearson, 236 So.2d 1 (Fla.1970). A contrary rule, that finality awaits ruling upon a previously-filed motion to amend the pleadings, would introduce into judicial proceedings an element of uncertainty that would be detrimental to litigants and disruptive of the judicial process. Neither procedural nor substantive due process requires such a result.

REVERSED.

DOWNEY and GUNTHER, JJ., concur.

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HERSEY, Chief Judge.

After entry of summary final judgment for appellant and denial of appellee’s motion for rehearing, the trial court granted appellee’s previously filed motion to amend its complaint. We reverse on the ground that the court lost jurisdiction and had no authority to permit an amendment to the complaint after denial of rehearing. Florida National Bank v. Domanska, 486 So.2d 1384 (Fla. 3d DCA 1986). See also Shelby Mutual Insurance Co. v. Pearson, 236 So.2d 1 (Fla.1970). A contrary rule, that finality awaits ruling upon a previously-filed motion to amend the pleadings, would introduce into judicial proceedings an element of uncertainty that would be detrimental to litigants and disruptive of the judicial process. Neither procedural nor substantive due process requires such a result.

REVERSED.

DOWNEY and GUNTHER, JJ., concur.

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501 So. 2d 72, 12 Fla. L. Weekly 261, 1987 Fla. App. LEXIS 6274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-boca-raton-v-ross-hofmann-associates-inc-fladistctapp-1987.

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