213 So. 2d 292 | Fla. Dist. Ct. App. | 1968
The former husband, plaintiff in the trial court, appeals a final judgment of
Rule 1.190(e), Florida Rules of Civil Procedure, 30 F.S.A., provides: “At any time in the furtherance of justice * * the court may permit any * * * pleading or record to be amended * * Leave to amend should be liberally granted. American Ladder & Scaf. Co. v. Miami Vent. Awn. Co., Fla.App.1963, 150 So.2d 268. But leave to amend is discretionary with the trial judge. We do not think it has been demonstrated that under the circumstances of this case, the trial judge abused his discretion in denying the privilege of amendment at such a late stage in the proceedings. See United States v. State, Fla.App.1965, 179 So.2d 890; Corbett v. Eastern Air Lines, Inc., Fla.App.1964, 166 So.2d 196, 205.
In addition the appellant urges that the evidence before the trial court was insufficient to sustain the attorney’s fee awarded to the appellee wife. It is true that appellant upon cross examination succeeded in minimizing the weight of expert testimony in support of the award of an attorney’s fee, but we are unable to say that the evidentiary basis for the fee was insufficient as a matter of law. See Rubin v. Major, Fla.App.1968, 209 So.2d 691.
Affirmed.