Armando v. Rizikow

ON MOTION FOR REHEARING GRANTED

The defendants’ amended answer was mailed to the court at a time when no leave to amend was necessary. Fla.R.Civ.P. 1.190(a). The trial court’s order setting the cause for trial, which under the cited rule triggered the necessity for leave to amend, was docketed on the next day but one day before the amended answer was docketed.1 When the case came up for hearing on the plaintiff’s motion for summary judgment, the court decreed that it would not consider the amended answer because it was viola-tive of Rule 1.190. This pronouncement had the effect of denying…