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    Motion For Leave To Amend Complaint

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    Michel Watson
    The plaintiff filed a motion for leave to amend their complaint. The proposed amended complaint adds additional statutory causes of action based on alleged transactions between the plaintiff and defendant. The amendment will not prejudice the defendant or require additional discovery. The plaintiff requests the court grant the motion for leave to amend the complaint and accept the amended complaint.

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    Motion For Leave To Amend Complaint

    Uploaded by

    Michel Watson
    3K views3 pages
    The plaintiff filed a motion for leave to amend their complaint. The proposed amended complaint adds additional statutory causes of action based on alleged transactions between the plaintiff and defendant. The amendment will not prejudice the defendant or require additional discovery. The plaintiff requests the court grant the motion for leave to amend the complaint and accept the amended complaint.

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    Brevard County, Florida Sample

    Original Title

    Motion for Leave to Amend Complaint

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    The plaintiff filed a motion for leave to amend their complaint. The proposed amended complaint adds additional statutory causes of action based on alleged transactions between the plaintiff and defendant. The amendment will not prejudice the defendant or require additional discovery. The plaintiff requests the court grant the motion for leave to amend the complaint and accept the amended complaint.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    3K views3 pages

    Motion For Leave To Amend Complaint

    Uploaded by

    Michel Watson
    The plaintiff filed a motion for leave to amend their complaint. The proposed amended complaint adds additional statutory causes of action based on alleged transactions between the plaintiff and defendant. The amendment will not prejudice the defendant or require additional discovery. The plaintiff requests the court grant the motion for leave to amend the complaint and accept the amended complaint.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    MOTION FOR LEAVE TO FILE AMENDED COMPLAINT P a g e | 1

    IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT


    IN AND FOR BREVARD COUNTY, FLORIDA

    Name, AKA, )
    , )
    Plaintiff, ) CASE # 05-2010-CC-0_____-XXXX-XX
    )
    -vs- )
    )
    Name, et al. )
    Defendant. )


    MOTION FOR LEAVE TO AMEND COMPLAINT

    Comes now, the plaintiff, Name, pro se Plaintiff, hereby moves pursuant to Florida rules of Civil
    Procedure 1.190(a), and seeks leave to amend the complaint.
    1. The proposed amended complaint, which is attached, is purposed to add the additional
    statutory causes of action based on alleged transactions.
    2. The defendant will not be prejudiced by the amendment of the complaint, nor will the
    amendment warrant additional time for discovery in this case.
    WHEREFORE, the plaintiff respectfully requests that an Order granting this motion for leave to
    amend the complaint and this amended complaint be entered as the filed amendment accepted by
    this court.

    I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed by U.S. mail this
    _20th_ day of _June_, 2014 to: _ Name , Address, City, State, Zip__________________
    ______________________________
    Date Signed Petitioners Signature
    _______ ___ _____________
    Daytime Phone Address
    ___ ________




    MOTION FOR LEAVE TO FILE AMENDED COMPLAINT P a g e | 2





    MOTION FOR LEAVE TO FILE AMENDED COMPLAINT P a g e | 3

    Be certain to copy amended complaint and attach to motion


    Boca Burger,Inc. v. Forum, 912 So.2d 561 (Fla. 2005)
    Cited as Right to Amend Pleading from FL Civ. Trial Prep., Pg. 52

    Posey v. Magill, 530 So. 2d 985 (Fla. 1
    st
    DCA 1988)
    Cited to asset additional causes of action


    Rules/Statutes-REFERENCE ONLY!

    1. Fla. Stat. 726.102 (12)
    He disposed of an interest in an asset through the creation of a lien
    2. Fla. Stat. 726.103 (4)
    He has attempted to conceal assets with the intent to defraud creditors and includes
    voidable transfers. This prevents him from claiming insolvency.
    3. Fla. Stat. 726.105 (1)(a)(b)
    He has delayed the security of the assets in an attempt to defraud me and /or without
    providing a value for exchange of the obligation.
    4. Fla. Stat. 726.105(1)(b)(2)
    He was unable to pay the debt as it became due, consistently claims indigence, although I
    have approached him many times at his workplace.


    Trawicks Florida practice & Procedure Amendments 14.4
    Thereafter on a proper attack the ocurt can rule the amendment is legally insufficient.
    The simpler way to accomplish the filing and service of an amended pleading is to have
    the order make the proposed amendment stand as the filed amendment. This saves filing
    and serving a duplicate. The amended pleading follows the form of the pleading it
    replaces, except for the designation as an amended pleading.
    PG. 252

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