Civil Litigation

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VanDenberg v. Rios

26 Fla. L. Weekly D2548 (Fla. 4th DCA Oct. 24, 2001)

Plaintiff filed an amended complaint after defendants had filed a motion to dismiss, which is not a responsive pleading as contemplated by Rule 1.190. The court found that since a responsive pleading had not yet been filed, plaintiff was free to file an amended complaint without obtaining leave of court or the consent of the defendants. According to the court, the filing of an amended complaint rendered the legal sufficiency of the original complaint moot.

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