MUTUAL OF OMAHA INS. CO. v. GOLD

No. 5D00-1479.

795 So.2d 119 (2001)

MUTUAL OF OMAHA INS. CO., et al., Appellants/Cross-Appellees, v. Ethan GOLD, a Minor, etc., et al., Appellees/Cross-Appellants.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 26, 2001.


Attorney(s) appearing for the Case

Thomas B. Smith of Holland & Knight LLP, Orlando, for Appellants/Cross-Appellees.

Jeffrey M. Liggio of Liggio, Benrubi & Williams, P.A., West Palm Beach, and Philip M. Burlington of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, for Appellees/Cross-Appellants Ethan Gold, etc., et al.

Jeffery M. Scott, Associate General Counsel, Florida Medical Association, Tallahassee, for Appellee/Cross-Appellants Florida Medical Association.


SHARP, W., J.

Mutual of Omaha (Mutual)1 appeals from two final summary judgments entered in favor of the Golds and Florida Medical Association (FMA). Mutual presents several arguments on appeal, only one of which has merit. Mutual claims that the trial court erred in failing to grant its motion to amend its affirmative defenses. We agree and reverse.

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