161 So. 3d 536
Fla. Dist. Ct. App.2014Background
- John J. Unrue and Mary Rose Pileggi-Unrue sued Wells Fargo seeking to quiet title, alleging Wells Fargo recorded a mortgage but never proved it had lent them money and refused to release the mortgage.
- Plaintiffs attached the mortgage to the complaint showing the Unrues as borrowers and Wells Fargo, N.A. as lender, with signatures and legal description.
- Wells Fargo moved to dismiss the complaint with prejudice, characterizing the claim as invalid.
- Plaintiffs obtained counsel before the dismissal hearing; counsel asked for leave to amend the complaint, which the trial court denied and dismissed with prejudice, calling the claim a "scam."
- The Fifth District reversed, holding the trial court erred by dismissing the initial complaint with prejudice without allowing at least one amendment under Fla. R. Civ. P. 1.190(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court could dismiss the initial complaint with prejudice without permitting amendment | Unrue argued they should be allowed to amend the initial complaint under Fla. R. Civ. P. 1.190(a) (one free amendment before a responsive pleading) | Wells Fargo argued the claim was frivolous and dismissal with prejudice was appropriate | Reversed: plaintiff entitled to at least one opportunity to amend; trial court lacked discretion to dismiss initial complaint with prejudice |
| Whether the complaint was so frivolous that leave to amend should be denied | Plaintiffs contended allegations warranted an opportunity to correct or clarify the complaint | Wells Fargo and trial court contended the quiet-title theory (demanding the lender "prove" the loan) was baseless and could not be cured by amendment | Court declined to resolve merits; distinguished prior affirmance of dismissal where complaint had already been amended — leave to amend required here |
Key Cases Cited
- Badgley v. Suntrust Mortg., Inc., 134 So.3d 559 (Fla. 5th DCA 2014) (affirming dismissal of a frivolous quiet title action where the plaintiff had filed an amended complaint)
- Boca Burger, Inc. v. Forum, 912 So.2d 561 (Fla. 2005) (plaintiff has a right to one free amendment before a responsive pleading; motion to dismiss is not a responsive pleading)
- Abston v. Bryan, 519 So.2d 1125 (Fla. 5th DCA 1988) (recognizes the rule granting one free amendment before an answer)