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.