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Ask Legalease Your Own Question
Legalease, Lawyer
Category: FL Real Estate
Satisfied Customers: 16218
Experience:  15 years exp all aspects of general law
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The Facts: 1. I am the plaintiff.2. On May 2, 2016 in a

Customer Question

The Facts:1. I am the plaintiff.2. On May 2, 2016 in a hearing the Judge Ordered the Complaint dismissed and ordered defendants to answer amendedcomplaint.3. I Filed Motion for leave to file second amended complaint on May 9, 20164. I forgot to add the service of Notice so I filed a Motion for leave to file third amended complaint also on May 9, 2016 thesame day.5. No Defendant party has answered the Complaint, amended Complaint or Second amended complaint to date.6. I wrote an Ex Parte letter cc all parties to the judge explaining that i would like to dismiss the second complaint and allow thethird to be final.5. please review attached Ex Parte and Third Amended ComplaintQuestion:will the Judge allow my third amended complaint.thank you ***** *****
Submitted: 5 months ago.
Category: FL Real Estate
Expert:  Legalease replied 5 months ago.
Hello there Steven ---Because the Defendant has not filed an answer yet to anything, there is no real reason for the judge NOT to grant permission to substitute the third amended complaint and order the defendants to answer the third amended complaint. It is completely within the judges discretion to do so at this point and unless he can find a reason not to permit it (such as the complaints are essentially the same) or he actually permits the defendants to object to answering it (which is doubtful because the defendants have to answer a complaint anyway). The only way I can see this being denied is if the defendant has already written an answer to the amended complaint and it is en route to you now -- then the defendant might object and the court might agree. -You were correct to ask the judge for permission to amend -- you only have the right to substitute without the courts permission once (the first complaint) and after that amended complaint, you need to ask the court for permission. However, while some courts are less formal than other courts, if you do not hear something within a few days on your letter request to the judge then I suggest that you contact the clerk;s office and ask if you must file a formal Motion to Permit Filing of Third Amended Complaint by the Plaintiff and ask the judge to determine whether or not a hearing is necessary in the matter.-MARY

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