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Bocchino v. Fischer

District Court of Appeal of Florida, Fourth District
Nov 30, 1994
645 So. 2d 1096 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-2914.

November 30, 1994.

Appeal from the Circuit Court, Broward County, Leroy H. Moe, J.

Dennis J. McGlothin and Anthony W. Pellegrino, Dennis J. McGlothin, P.A., Fort Lauderdale, for appellant.

Robert Harris, Steel Hector Davis, Miami, for Coldwell Banker Residential Real Estate, Inc.


Reversed. It was error to deny Plaintiff leave to amend the complaint, to add a party, based on Plaintiff's deposition statement indicating the existence of facts that might support a potential defense. Rather, consideration of the motion for leave to amend should be limited to the content of the pleading and the proposed amendment.

We note that this is not a case in which the defense appeared on the face of the complaint. In reversing, we take no position on whether the proposed amendment states a cause of action.

HERSEY, STONE and KLEIN, JJ., concur.


Summaries of

Bocchino v. Fischer

District Court of Appeal of Florida, Fourth District
Nov 30, 1994
645 So. 2d 1096 (Fla. Dist. Ct. App. 1994)
Case details for

Bocchino v. Fischer

Case Details

Full title:JOSEPH BOCCHINO, APPELLANT, v. CATHLEEN CUMMINGS FISCHER; JOHN FISCHER…

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 30, 1994

Citations

645 So. 2d 1096 (Fla. Dist. Ct. App. 1994)