66 So. 3d 1042
Fla. Dist. Ct. App.2011Background
- Hutson, president of South Florida MRI, LLC, signed a 32-month MRI equipment sublease with Plantation MRI and personally guaranteed the rent.
- Hutson failed to pay the November 2008 installment; two dishonored checks were tendered (Nov 1, 2008 and Nov 18, 2008) and returned for insufficient funds.
- Plantation MRI sent statutory notices to support treble damages for the dishonored checks.
- In June 2009, Plantation MRI filed a three-count complaint: breach of sublease and guaranty (Count I) and two counts for dishonored checks (Counts II–III).
- Hutson, pro se, answered in July 2009 denying the allegations; he did not respond to requests for admissions.
- In January 2010 Hutson moved to amend to add two affirmative defenses; Plantation MRI moved for summary judgment; the trial court denied the amendment and granted summary judgment; final judgment entered in Plantation MRI’s favor; on appeal the denial of amendment and grant of summary judgment were reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Amendment to add affirmative defenses should be allowed? | Hutson: amendment not futile; no prejudice; not previously requested. | Plantation MRI: amendment would be futile and prejudicial due to pleadings. | Abuse of discretion; amendment should be granted. |
| Summary judgment proper given Hutson's opposing facts? | Hutson: raised fraud and authority issues; economic hardship raised material facts. | Plantation MRI: no genuine issues; proper on record. | Summary judgment improper; remand to vacate and allow trial. |
Key Cases Cited
- Noble v. Martin Mem’l Hosp. Ass’n, 710 So.2d 567 (Fla. 4th DCA 1997) (abuse-of-discretion standard for denial of amendment; liberal leave to amend)
- Quality Roof Servs., Inc. v. Intervest Nat’l Bank, 21 So.3d 883 (Fla. 4th DCA 2009) (leave to amend should be liberal, especially pre-summary judgment)
- Thompson v. Bank of New York, 862 So.2d 768 (Fla. 4th DCA 2003) (liberal standard for leave to amend)
- Spradley v. Stick, 622 So.2d 610 (Fla. 1st DCA 1993) (prejudice or futility as limits on amendment)
- Carter v. Ferrell, 666 So.2d 556 (Fla. 2d DCA 1995) (amendment not futile if no prejudice and not inconsistent)
- F & A Dairy Prods., Inc. v. Imperial Food Distribs., Inc., 798 So.2d 803 (Fla. 4th DCA 2001) (affirms factual questions to be decided by fact-finder when material)