Auto-Owners Insurance Co. v. Massani
District Court of Appeal of Florida
1Per curiam
The trial court abused its discretion in failing to permit the defendant to amend its answer to defeat the last minute motion for judgment on the pleadings. The parties were fully prepared to try the issues of uninsured motorist coverage, liability and comparative negligence. Therefore, it is undisputed that the plaintiff would not have been surprised or prejudiced by this amendment. See St. Petersburg Auto. Museum v. Thompson, 561 So.2d 321 (Fla. 2d DCA 1990); Azemco (N. Am.), Inc. v. Brown, 553 So.2d 1245 (Fla. 3d DCA 1989).
The trial court also erred in directing a verdict against the…
2Cases cited3 opinions
- Insurance Co. of North America v. PasakarnisSupreme Court of Florida · 1984
- Azemco (North America), Inc. v. BrownDistrict Court of Appeal of Florida · 1989
- St. Petersburg Auto. Museum, Inc. v. ThompsonDistrict Court of Appeal of Florida · 1990
3Cited by1 opinion
- Lindgren Trust v. SingermanDistrict Court of Appeal of Florida · 1995