Black v. Brown
Black v. Brown
Opinion of the Court
Steven Black, the plaintiff below, appeals from a final judgment in favor of the defendant following a bench trial. We affirm.
The trial court did not abuse its discretion in denying the plaintiffs motion to amend to conform with the evidence. See Fla. R. Civ. P. 1.190(b); Carnival Cruise Lines, Inc. v. Nunez, 646 So.2d 831 (Fla. 3d DCA 1994) (holding that a trial court’s decision to permit or to refuse amendments to pleading to conform to the evidence during trial will ordinarily not be disturbed on appeal in absence of abuse of discretion), review denied 658 So.2d 992; see also Freshwater v. Vetter, 511 So.2d 1114, 1115 (Fla. 2d DCA 1987) (“If evidence is introduced as to facts or issues not presented in the pleadings, the court, in its discretion, may allow amendments to conform to the evidence. However, amending to state a new cause of action should not be allowed over objection.”) (citations omitted). As the plaintiffs amendment would have added an entirely new cause of action to the defendant’s detriment, the trial court properly denied the motion.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.