CARTER v. MARK GRUMET REVOCABLE TRUST DATED MAY 2007 LLC (2018)

Appellant appeals the trial court's order dismissing his complaint. He raises three issues on appeal, but we reverse on only one. Over the course of two years, appellant unsuccessfully tried to serve process on the defendants. Eventually, he resorted to service by publication, which the trial court quashed for being improper. The trial court then dismissed the complaint for failure to serve process despite appellant's pending motion to amend his complaint.

A trial court has no discretion to deny a plaintiff's first amendment to a complaint before a responsive pleading has been served. Boca Burger, Inc. v. Forum, 912 So.2d 561, 568 (Fla. 2005). Rather, a party is entitled to “amend a pleading once as a matter of course at any time before a responsive pleading is served ․” Fla. R. Civ. P. 1.190(a). Because appellant had an absolute right to amend his complaint before a responsive pleading was served, the trial court erred in dismissing the action. See Boca Burger, 912 So.2d at 567. We therefore reverse and remand for the trial court to allow appellant to amend his complaint.

Affirmed in part, reversed in part, and remanded.

Per Curiam.

Taylor, Levine and Forst, JJ., concur.