BOCA BURGER, INC. v. FORUM

No. SC01-1830.

912 So.2d 561 (2005)

BOCA BURGER, INC., etc., Petitioner, v. Richard FORUM, Respondent.

Supreme Court of Florida.

As Revised on Denial of Rehearing September 29, 2005.


Attorney(s) appearing for the Case

John R. Hargrove and W. Kent Brown of Heinrich, Gordon, Hargrove, Weihe and James, P.A., Fort Lauderdale, FL, Edna L. Caruso of Caruso, Burlington, Bohn and Campiani, P.A., West Palm Beach, FL, and John A. Beranek of Ausley and McMullen, Tallahassee, FL, for Petitioner.

James Fox Miller, Charles Fox Miller and Greg A. Lewen of Miller, Schwartz and Miller, P.A., Hollywood, FL, for Respondent.

Paul D. Jess, Tallahassee, FL, William C. Gentry, Jacksonville, FL, and Robert S. Peck, Washington, DC, on behalf of the Academy of Florida Trial Lawyers, Inc.; Florida Consumer Action Network, Inc.; Coalition for Family Safety, Inc.; Florida League of Conservation Voters, Inc.; Florida AFL-CIO; Association of Flight Attendants, AFL-CIO; Des Action, National; Florida State Conference of Branches of NAACP; Florida National Organization for Women, Inc.; Children's Advocacy Foundation, Inc.; Al J. Cone; and the Florida Alliance for Retired Americans, Inc., as Amici Curiae.

George N. Meros, Jr., and Lori S. Rowe of Gray, Harris and Robinson, P.A., Joseph W. Hatchett of Akermann, Senterfitt and Edison. P.A., Tallahassee, FL, and Raymond Ehrlich of Holland and Knight, Jacksonville, FL, on behalf of Publix Supermarkets; Citizens for a Sound Economy; Associated Industries of Florida; Florida Chamber of Commerce; Florida Institute of CPA's; Florida Medical Association; Florida Retail Federation; Florida United Business Association; National Federation of Independent Business; Association of Community Hospitals and Health System of Florida, Inc.; City of Orlando; Dade County; Florida Association of Counties; Florida League of Cities; Florida Sheriffs Association; and Tort Reform United Effort (TRUE), as Amici Curiae.


CANTERO, J.

We review Forum v. Boca Burger, Inc., 788 So.2d 1055 (Fla. 4th DCA 2001), which expressly and directly conflicts with Volpicella v. Volpicella, 136 So.2d 231, 232 (Fla. 2d DCA 1962). The conflict concerns whether a trial court has discretion to deny a plaintiff leave to amend the complaint once before a responsive pleading is served. We have jurisdiction. See art...

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