Posey v. Magill

THOMPSON, Judge.

Bobby G. Posey, the plaintiff below, appeals a final order dismissing his complaint *986against appellee and denying him leave to file an amended complaint. We reverse.

Pursuant to Fla.R.Civ.P. 1.190, a party may amend his pleading one time “as a matter of course before a responsive pleading is served.” When Posey’s initial complaint was dismissed he tendered an amended complaint and requested permission to amend, which was denied. The tendered amended complaint states causes of action for malicious prosecution, abuse of process and civil perjury. Unless it is clear from the face…