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Roberts & Roberts, Inc. v. Barnett Bank of Tallahassee

Citations: 707 So. 2d 386; 1998 Fla. App. LEXIS 1891; 1998 WL 78954Docket: No. 97-2687

Court: District Court of Appeal of Florida; February 25, 1998; Florida; State Appellate Court

Narrative Opinion Summary

In the appellate case involving Roberts, Inc., the court reviewed orders from the trial court concerning the denial of a motion to amend the complaint and the granting of summary judgments in favor of Barnett Bank of Tallahassee and Capital Asphalt. The primary legal issues revolved around the appropriateness of summary judgment and the discretion involved in allowing amendments to pleadings. The appellate court found that genuine issues of material fact existed, particularly related to the acceptance of a returned deposit check by Roberts, Inc., making the summary judgments inappropriate. Consequently, the court reversed the summary judgments and remanded the case for further proceedings. Additionally, the appellate court concluded that the trial court had abused its discretion by denying Roberts' motion to amend its complaint, noting that amendments should be allowed unless they cause clear prejudice, are futile, or indicate an abuse of the privilege to amend. The case was remanded with instructions to permit amendment of the complaint, with Judges Lawrence and Kuder concurring in the decision.

Legal Issues Addressed

Amendment of Complaint

Application: The trial court's denial of Roberts' motion to amend the complaint was reversed due to the lack of clear prejudice, futility, or abuse.

Reasoning: The court determined that the trial court had abused its discretion in denying Roberts' request to amend its complaint, emphasizing that amendment should be permitted unless it would cause clear prejudice, be futile, or indicate an abuse of the privilege to amend.

Appellate Review and Remand

Application: The appellate court reversed the trial court's summary judgments and remanded the case for further proceedings.

Reasoning: The court reversed the summary judgments for both Barnett Bank and Capital Asphalt and remanded the case for further proceedings.

Genuine Issue of Material Fact

Application: The court identified genuine issues regarding Roberts' acceptance of a returned deposit check, impacting the summary judgment decision.

Reasoning: Upon reviewing the case, the court found genuine issues of material fact, particularly regarding whether Roberts unconditionally accepted a returned deposit check and the implications of that acceptance.

Summary Judgment Standards

Application: Summary judgment requires absence of genuine issues of material fact. The court found such issues existed, making summary judgment inappropriate.

Reasoning: The standard for summary judgment requires that there be no genuine issue of material fact, as established by relevant legal precedents.