Legal Opinion
Beltway Capital, LLC v. Nigel Lucombe
District Court of Appeal of Florida
Decided February 17, 2017No. Case 2D16-437PublishedCited by 2 opinions
1Opinion of the Court
SLEET, Judge.
Beltway Capital, LLC (the bank), appeals the trial court’s order dismissing its amended complaint without prejudice for failure to contain a verification pursuant to Florida Rule of Civil Procedure 1.110(b) 1 and denying its motion for leave to amend. Because the motion to dismiss was not properly noticed and the trial court abused its discretion in denying the bank’s motion to amend the complaint, we reverse.
The bank’s initial complaint for foreclosure against Nigel Lucombe contained a verification pursuant to rule 1.110(b). The bank subsequently filed an amended complaint but…
2Cases cited9 opinions
- In Re Amendments to the Florida Rules of Civil ProcedureSupreme Court of Florida · 2010
- Valcarcel v. CHASE BANK USA NADistrict Court of Appeal of Florida · 2010
- Ernest v. CarterDistrict Court of Appeal of Florida · 1979
- Kelsey v. Suntrust Mortgage, Inc.District Court of Appeal of Florida · 2014
- Rohlwing v. MYAKKA RIVER REAL PROPERTIESDistrict Court of Appeal of Florida · 2004
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3Cited by2 opinions
- Diaz v. U.S. BankDistrict Court of Appeal of Florida · 2018
- Rosa M. Garcia v. Deutsche Bank National Trust Company, Etc.District Court of Appeal of Florida · 2025