Precision Constructors, Inc. v. Valtec Construction Corp.

Precision Constructors, Inc., the defendant below, appeals from a final judgment in favor of Valtec Construction Corp., the plaintiff below, following a bench trial.

We reverse as the case was tried before it was “at issue,” in contravention of Florida Rule of Civil Procedure 1.440. The original notice for trial was no longer viable after the plaintiff subsequently filed an amended complaint, thereby reopening the pleadings. See Nystrom v. Nystrom, 105 So.2d 605, 608 (Fla. 2d DCA 1958) (noting that if the defendant’s motion to amend her answer had been granted, “then the pleadings would be…