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AUTO-OWNERS INS. CO. v. MASSANI

No. 92-2137.

627 So.2d 1199 (1993)

AUTO-OWNERS INSURANCE COMPANY, Appellant, v. Jacinta R. Massani, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 11, 1994.

Attorney(s) appearing for the Case

Rywant Alvarez Jones & Russo, Tampa, Hicks, Anderson & Blum and Ralph O. Anderson, Miami, for appellant.

Perse, P.A. & Ginsberg, P.A. and Arnold R. Ginsberg, Carroll, Halberg & Jones, Hornsby, Sacher, Zelman & Stanton, Miami, for appellee.

Before HUBBART, COPE and GODERICH, JJ.

PER CURIAM.

The trial court abused its discretion in failing to permit the defendant to amend its answer to defeat the last minute motion for judgment on the pleadings. The parties were fully prepared to try the issues of uninsured motorist coverage, liability and comparative negligence. Therefore, it is undisputed that the plaintiff would not have been surprised or prejudiced by this amendment. See St. Petersburg Auto. Museum v. Thompson,

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