STEPHANIE J. CROWN AND JOHN J. CROWN v. CHASE HOME FINANCE, 35 Fla. L. Weekly D1703d (Fla. 5th DCA July 30, 2010)

In this case, the defendants were sued and initially filed a “bare bones” pro se answer.  Months later, the plaintiff served a motion for summary judgment.  A week later, and before the hearing, the defendants served an amended answer with affirmative defenses, which the motion for summary judgment did not address.  The trial court denied leave to amend and granted summary judgment for the plaintiff.  The appellate court reversed, holding that the trial court abused its discretion because “all doubts should be resolved in favor of allowing the amendment and refusal to do so generally constitutes an abuse of discretion unless it clearly appears that allowing the amendment would prejudice the opposing party, the privilege to amend has been abused, or amendment would be futile.”

STEPHANIE J. CROWN AND JOHN J. CROWN v. CHASE HOME FINANCE, 35 Fla. L. Weekly D1703d (Fla. 5th DCA July 30, 2010)