Legal Opinion
Nina Solonenko v. Vogue Properties, LLC
District Court of Appeal of Florida
Decided May 25, 2016No. 4D15-2065PublishedCited by 3 opinions
1Per curiam
Appellant challenges the trial court’s order granting appellee’s motion to dismiss the action, arguing it erred in failing to allow her to amend her complaint. We agree with appellant and reverse. “A party may amend a pleading once as a matter of course at any time before a responsive pleading is served....” Fla. R. Civ, P. 1.190(a). A motion to dismiss is not a responsive pleading. Boca Burger, Inc. v. Forum, 912 So.2d 561, 567 (Fla.2005).
Appellant brought a ■ quiet title action against appellee. Appellee did not file a responsive pleading, but did file a motion to dismiss. The trial court…
2Cases cited3 opinions
- Boca Burger, Inc. v. ForumSupreme Court of Florida · 2005
- Thompson v. Publix Supermarkets, Inc.District Court of Appeal of Florida · 1993
- Unrue v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2014
3Cited by3 opinions
- FLORIDA WATER & MOLD RESTORATION, LLC a/a/o LINDA MOSES v. AMERICAN INTERGRITY INSURANCE COMPANY OF FLORIDADistrict Court of Appeal of Florida · 2022
- Irma A. Barr and Bruce Barr v. BEL Flooring, Inc. D/B/A GC SupplyDistrict Court of Appeal of Florida · 2025
- Miccosukee Tribe of Indians of Florida v. Miami-Dade CountyDistrict Court of Appeal of Florida · 2026