Amendment of pleadings

Leave of court to amend a pleading shall be given freely when justice so requires. [http://www.floridacivpro.com/rules/2009/10/1190_amended_and_supplemental/ Fla. R. Civ. P. 1.190(a)]. Public policy favors the liberal amendment of pleadings, and courts should resolve all doubts in favor of allowing the amendment of pleadings to allow cases to be decided on their merit. ''S. Developers & Earthmoving, Inc. v. Caterpillar Fin. Servs. Corp.'', 56 So. 3d 56, 62 (Fla. 2d DCA 2011). A trial court's refusal to permit an amendment of a pleading is an abuse of discretion unless it is clear that: Id. at 62-63.
 * 1) the amendment would prejudice the opposing party,
 * 2) the privilege to amend has been abused, or
 * 3) the amendment would be futile.

"Courts should be especially liberal when leave to amend 'is sought at or before a hearing on a motion for summary judgment.' " Gate Lands Co. v. Old Ponte Vedra Beach Condo., 715 So. 2d 1132, 1135 (Fla. 5th DCA 1998), quoting ''Bill Williams Air Conditioning & Heating, Inc. v. Haymarket Co-op. Bank'', 592 So. 2d 302, 305 (Fla. 1st DCA 1991)).

"A denial of leave to amend a pleading is an abuse of discretion where the proffered amendment indicates that a plaintiff can state a cause of action. The same holds true where a defendant demonstrates he could prevail with the assertion of a properly available defense." Wayne Creasy Agency, Inc. v. Maillard, 604 So. 2d 1235, 1236 (Fla. 3d DCA 1992).