HALL v. WOJECHOWSKI

No. 74-1633.

312 So.2d 204 (1975)

Inez HALL and Eugene Hall, Petitioners, v. Frank W. WOJECHOWSKI and Aetna Insurance Company, Etc., Respondents.

District Court of Appeal of Florida, Fourth District.

May 9, 1975.


Attorney(s) appearing for the Case

Charles H. Rubenstein, Cohen & Cohen, Miami Beach, for petitioners.

Richard E. Trapp and Jon E. Johnson, Sands, Smalbein, Eubank, Johnson, Rosier & Bussey, Cocoa, for respondents.


WALDEN, Judge.

This is a petition for certiorari to review a trial court order denying plaintiffs' motion for leave to amend the pleadings. We grant certiorari, quash the order, and remand with instructions to permit the amendment.

The record reveals that counsel inadvertently omitted certain claims for damages from the complaint. These claims had been included in a prior complaint and investigated by the defendants and, hence, there was no surprise or prejudice...

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