Legal Opinion
Paulino v. BJ's Wholesale Club, Inc.
District Court of Appeal of Florida
Decided February 13, 2013No. 4D12-167PublishedCited by 4 opinions
1Opinion of the Court
KEYSER, JANIS BRUSTARES, Associate Judge.
The plaintiff appeals an order granting the defendant’s motion to strike her amended complaint. The trial court granted the motion to strike based on its finding that a prior order on a motion to dismiss was a final judgment which precluded the filing of an amended complaint. We find that the prior order was not a final judgment which prevented the plaintiff from filing an amended complaint and, thus, the trial court erred in striking the amended complaint. We reverse and remand to the trial court to allow the filing of the amended complaint.
In April…
2Cases cited7 opinions
- Hernandez v. STATE FARM MUT. AUTO. INS. CO.District Court of Appeal of Florida · 2010
- Hinote v. Ford Motor Co.District Court of Appeal of Florida · 2007
- Kapley v. BorchersDistrict Court of Appeal of Florida · 1998
- Hayward & Associates, Inc. v. HoffmanDistrict Court of Appeal of Florida · 2001
- Upland Development of Central Florida, Inc. v. BridgeDistrict Court of Appeal of Florida · 2005
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Mims v. BroxtonDistrict Court of Appeal of Florida · 2016
- Bank of America, N.A. v. Amy Perry, David Brand PleatDistrict Court of Appeal of Florida · 2015
- Juana Y. Galvez v. CIT BankDistrict Court of Appeal of Florida · 2025
- Lynne'a Saito and Koichi Saito v. Collier County, State of Florida, Decubas & Lewis, P.A., Pratick Patel, Peter Lanning, and Exl Legal, PllcDistrict Court of Appeal of Florida · 2025