(DOWNLOAD) "Boca Burger, Inc. v. Forum" by Supreme Court of Illinois # Book PDF Kindle ePub Free
eBook details
- Title: Boca Burger, Inc. v. Forum
- Author : Supreme Court of Illinois
- Release Date : January 07, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 86 KB
Description
We review Forum v. Boca Burger, Inc., 788 So. 2d 1055 (Fla. 4th DCA 2001), which expressly and directly conflicts with Volpicella v. Volpicella, 136 So. 2d 231, 232 (Fla. 2d DCA 1962). The conflict concerns whether a trial court has discretion to deny a plaintiff leave to amend the complaint once before a responsive pleading is served. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Boca Burger, Inc. v. Forum, 817 So. 2d 844 (Fla. 2002) (granting review). While we grant jurisdiction to review this issue, we also have authority to address other issues properly raised. See Savoie v. State, 422 So. 2d 308, 310 (Fla. 1982) (stating that once the Supreme Court accepts jurisdiction over a case to resolve the legal issue in conflict, it may, in its discretion, consider other issues properly raised and argued before the Supreme Court). For the reasons we explain below, we hold that a plaintiff has the absolute right to amend a complaint once as a matter of course before a responsive pleading is served, and a trial court has no discretion to deny such an amendment; that a defendant may assert an affirmative defense, including the defense of federal preemption, in a motion to dismiss; and that an appellate court may, in appropriate circumstances, impose sanctions on an appellee or its lawyerfor its frivolous defense of a patently erroneous trial court order.
 "Boca Burger, Inc. v. Forum" by Supreme Court of Illinois # Book PDF Kindle ePub Free){kind=link}