FLAGSHIP RESORT DEV. CORP. v. INTERVAL INT’L, INC. (Fla. 3d DCA Jan. 27, 2010)

In this declaratory judgment contract action, the defendant did not initially plead entitlement to attorneys’ fees in its answer, but was permitted leave to amend later in the case to add the request.  The plaintiff appealed, and the appellate court affirmed, holding that “the trial court did not abuse its discretion by granting . . . leave to amend” because, among other reasons, the request was made prior to final judgment.

FLAGSHIP RESORT DEV. CORP. v. INTERVAL INT’L, INC. (Fla. 3d DCA Jan. 27, 2010)