Barnett Bank of South Florida, N.A. v. Statewide Mortgage Corp.

HERSEY, Judge.

This petition for writ of certiorari seeks review of an order denying a motion to amend the complaint. Petitioner sought to foreclose a mortgage. Respondents in their answer disclosed an underlying agree*188ment between the parties not referred to in the complaint. The parties apparently are in accord that in the absence of a breach of this underlying agreement petitioner would not be entitled to foreclose. The motion to amend the complaint to allege such a breach came at a time when the litigation was in a state of indefinite continuance.

We have held on numerous occasions that in…