FORUM v. BOCA BURGER, INC.

No. 4D00-1255.

788 So.2d 1055 (2001)

Richard FORUM, Appellant, v. BOCA BURGER, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 1, 2001.


Attorney(s) appearing for the Case

Charles Fox Miller and James Fox Miller of Miller, Schwartz & Miller, P.A., Hollywood, for appellant.

John R. Hargrove and Gordon James III of Heinrich Gordon Hargrove Weihe & James, P.A., Fort Lauderdale, for appellee.


FARMER, J.

We reverse the trial court's decision dismissing the complaint with prejudice. The lower court erred in refusing to recognize and accept the amended complaint filed by plaintiff without leave of court before the hearing on the pending motion to dismiss the original complaint for failure to state a cause of action. A party may amend a pleading once as a matter of course at any time before a responsive pleading is served. With the case having proceeded only...

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