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BOCCHINO v. FISCHER

No. 93-2914.

645 So.2d 1096 (1994)

Joseph BOCCHINO, Appellant, v. Cathleen Cummings FISCHER; John Fischer; Complete Inspections, Inc., a Florida corporation; John C. Merwin, Jr.; Dynasty Homes and Investments, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

November 30, 1994.

Attorney(s) appearing for the Case

Dennis J. McGlothin and Anthony W. Pellegrino, Dennis J. McGlothin, P.A., Fort Lauderdale, for appellant.

Robert Harris, Steel Hector & Davis, Miami, for Coldwell Banker Residential Real Estate, Inc.

PER CURIAM.

Reversed. It was error to deny Plaintiff leave to amend the complaint, to add a party, based on Plaintiff's deposition statement indicating the existence of facts that might support a potential defense. Rather, consideration of the motion for leave to amend should be limited to the content of the pleading and the proposed amendment.

We note that this is not a case in which the defense appeared on the face of the complaint. In reversing, we take...

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