Volpicella v. Volpicella

In Volpicella v. Volpicella, 136 So. 2d 231, 232 (Fla. 2d DCA 1962), the trial court granted the defendant's motion to dismiss without explaining the grounds for dismissal and without granting plaintiff leave to amend. The plaintiff appealed, arguing that the court should have granted leave to amend. The Second District reversed, holding that the trial court abused its discretion in denying leave to amend. In doing so, the court stated: Under rule 1.190, a party may amend his pleading once as a matter of course at any time before a responsive pleading is served. This rule has not yet been construed as depriving a trial court of discretion to withhold leave to amend a pleading to which no response has been served. The rule does however indicate that a denial of leave to amend in such a case amounts to an abuse of discretion unless a complaint is clearly not amendable. Id.