KAPITANOV v. SPINNAKER BAY AT THE WATERWAYS CONDOMINIUM ASSOCIATION INC (2022)

Appellant Ivan Kapitanov appeals an order granting Appellees’ Mariner Village Community Association, Spinnaker Bay at the Waterways Condominium Association, and Spinnaker Bay Townhomes Community Association motions to dismiss.¹ Kapitanov was given five opportunities to plead a cause of action and did not do so. “Where a trial court grants a motion to dismiss with prejudice based on too many attempts to plead a cognizable complaint, we review such dismissal for abuse of discretion.” Griffin v. City of Sweetwater Police Dep't, 319 So. 3d 89, 92 (Fla. 3d DCA 2021) (citing Kohn v. City of Miami Beach, 611 So. 2d 538, 539 (Fla. 3d DCA 1992)). Historically, we have affirmed dismissals with prejudice when more than three attempts have been made to properly state a claim:

While there is no magical number of amendments which are allowed, we have previously observed that with amendments beyond the third attempt, dismissal with prejudice is generally not an abuse of discretion. There is simply a point in litigation when defendants are entitled to be relieved from the time, effort, energy, and expense of defending themselves against seemingly vexatious claims.

Kohn, 611 So. 2d at 539 (citations omitted).

Affirmed.

FOOTNOTES

1.   As this is an order dismissing Appellant's case with prejudice, this Court has jurisdiction under Florida Rule of Appellate Procedure 9.030(b)(1)(A).

PER CURIAM.