COOPER v. TOWN OF JUPITER et al., 35 Fla. L. Weekly D1335a (Fla. 4th DCA June 16, 2010)

In this pro se prisoner case, the Fourth District reversed the trial court for the “drastic and unwarranted measure” of dismissing an amended complaint with prejudice because the plaintiff did not first obtain leave to file it. The appellate court remanded for the trial court to consider the necessary factors governing amendments, including “whether such amendment would prejudice the opposing parties, whether the privilege of amendment has been abused, and whether amendment would be futile.”

COOPER v. TOWN OF JUPITER et al., 35 Fla. L. Weekly D1335a (Fla. 4th DCA June 16, 2010)