ARMANDO v. RIZIKOW

No. 81-2396.

424 So.2d 962 (1983)

Hugo ARMANDO and Amalia Armando, Appellants, v. Mauricio RIZIKOW, Appellee.

District Court of Appeal of Florida, Third District.

January 11, 1983.


Attorney(s) appearing for the Case

Leibowitz & Rice and Arthur Rice, Miami, for appellants.

Jerome Bill Ullman, Miami, for appellee.

Before SCHWARTZ, C.J., and HENDRY and NESBITT, JJ.


ON MOTION FOR REHEARING GRANTED

PER CURIAM.

The defendants' amended answer was mailed to the court at a time when no leave to amend was necessary. Fla.R.Civ.P. 1.190(a). The trial court's order setting the cause for trial, which under the cited rule triggered the necessity for leave to amend, was docketed on the next day but one day before the amended answer was docketed.1 When the case came up for hearing on the plaintiff's...

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