Lindgren Trust v. Singerman

The plaintiff below appeals from a summary judgment entered for the defendant on the court’s own motion at the pre-trial conference. We reverse for trial because (a) the lower court abused its discretion in denying the plaintiffs motion for leave to file a second amended complaint, see Auto-Owners Ins. Co. v. Massani, 627 So.2d 1199 (Fla. 3d DCA 1993), and (b) summary judgment was erroneously entered both because the procedure employed was improper, see Lombard v. Executive Elevator Serv., Inc., 545 So.2d 453 (Fla. 3d DCA 1989), and because genuine issues of material fact remained for…