District Court of Appeal of Florida
Kay's Custom Drapes v. Garrote, 04-2972
Where there is no claim either that appellant abused the amendment privilege or that amendment would be futile, and no prejudice was demonstrated, the trial court's refusal to allow plaintiff to assert its Fabre defense was an abuse of discretion, mandating reversal for a trial to apportion fault, if appropriate, in this premises liability case.
Appellate Information
- Decided 02/15/2006
- Published 02/15/2006
Judges
Court
- District Court of Appeal of Florida