Opinion
No. 65-1038.
March 1, 1966. Rehearing Denied April 5, 1966.
Appeal from the Circuit Court for Dade County, Ray Pearson, J.
Garland M. Budd and Henry G. Simmonite, Miami, for appellant.
Carr Warren, Joseph Pardo, Paul Sams, Miami, for appellees.
Before BARKDULL and SWANN, JJ., and GOODING, MARION W., Associate Judge.
The defendant, Dorothy C. Margolis, by this interlocutory appeal, seeks to review that portion of an order dismissing her counter and cross claim. The defendants urged that the trial court erred in failing to permit leave to amend the counter and cross claim. However, we fail to find any application to the trial court in the record to allow such an amendment.
It is elementary that before a trial judge will be held in error, he must be presented with an opportunity to rule on the matter before him. Wasserburg v. Coastal Aluminum Products Const. Co., Fla.App. 1964, 167 So.2d 889; Paul v. Kanter, Fla. App. 1963, 155 So.2d 402. This is clearly contemplated by Rule 1.15(a) Florida Rules of Civil Procedure, 30 F.S.A. Therefore, although the counter and cross claim might have been amendable without any application to the trial judge, we are not in a position to hold that error was committed in this regard.
Affirmed.