On October 31, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Pronman, Daniel,
and
Brett Horowitz Of Law Office Of Brett J Horowitz Pl,
Edward J O'Sheehan Of Shutts & Bowen,
Flowler-White-Gilbert Law Firm,
Foweler-White Law Firm,
John M Ross Of John Ross Pa Law Firm,
John Shahady Of Kopelowitz, Ostrow, Ferguson, Weiselberg, Gilbert Firm,
Kopelowitz, Ostrow, Ferguson, Weiselberg, Gilbert Law Firm,
Laurie Thompson Of Zone Law,
Shutts And Bowen,
Styles, Brian,
for Neg - Mass Tort
in the District Court of Broward County.
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Filing # 107271796 E-Filed 05/09/2020 01:59:29 PM
IN THE CIRCUIT COURT FOR THE 17" JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
DANIEL PRONMAN
an individual,
Plaintiff, Case No: CACE 19-22567 (7)
v.
EDWARD J. O’SHEEHAN of SHUTTS & BOWEN,
LAURIE THOMPSON of ZONE LAW and
FOWLER-WHITE LAW FIRM,
BRETT HOROWITZ , JOHN M. ROSS,
JOHN SHAHADY of KOPELOWITZ, OSTROW,
FERGUSON, WEISELBERG, GILBERT FIRM,
All lawyers and LAW FIRMS
Defendants
MOTION FOR LEAVE TO AMMEND COMPLAINT
Plaintiff Daniel Pronman Pro Se respectively files this motion for leave to amend Plaintiff's first
amended complaint:
REASON FOR THIS MOTION
The Plaintiff is filing this motion to clarify the statement on page 4 paragraph 24 of the first
amended complaint to align with the wording of the statute (proposed second amended
complaint attached).
MEMORANDUM OF LAW
Leave to amend a complaint should be liberally granted.
“A judge's discretion to deny amendment of a complaint arises only after the defendant files an
answer or if the plaintiff already has exercised the right to amend once. At that time, the second
and fourth sentences of rule 1.190(a) apply: "Otherwise a party may amend a pleading only by
*** PILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/09/2020 01:59:29 PM.****leave of court or by written consent of the adverse party. . .. Leave of court shall be given freely
when justice so requires." (Emphasis added.) Boca Burger, Inc. v. Forum, 912 So. 2d 561 (Fla.
2005).
The cases that have recognized a court's discretion to deny amendment in those circumstances
concerned either a plaintiff's second (or subsequent) amendment or an amendment requested
after the answer was filed. See, e.g., Fla. Nat'l Org. for Women, Inc. v. State, 832 So.2d 911, 915
(Fla. 1st DCA 2002) (holding that where the plaintiff had amended once before a responsive
pleading had been served and once again after the defendant filed an answer, the trial court
abused discretion in refusing leave to amend the second amended complaint); Kohn v. City of
Miami Beach, 611 So.2d 538, 539 (Fla. 3d DCA 1992) (stating that when a party seeks to amend
a complaint after a responsive pleading has been served, leave should be granted unless the court
finds a clear abuse of the privilege to amend or the complaint is clearly not amendable); see
also Dimick y. Ray, 774 So.2d 830, 835 (Fla. 4th DCA 2000) (holding that the trial court abused
its discretion in denying motion for leave to amend plaintiff's first amended complaint); Adams v.
Knabb Turpentine Co., 435 So.2d 944, 946 (Fla. 1st DCA 1983) (same); Highlands County Sch.
Bd. v. K.D. Hedin Constr., Inc., 382 So.2d 90, 91 (Fla. 2d DCA 1980) (same).
CONCLUSION
This court should grant this motion at such an early time in this case as no responsive
pleading has yet to be filed by the defendants..
PRAYER FOR RELIEF
The Plaintiff respectfully requests this court to grant this motion without the need for a hearing
and any other relief the court deems just.CERTIFICATE OF COMPLIANCE
Movant has made a good faith attempt to resolve this issue and avoid filing this motion but
Defendants will not agree.
Daniel Pronman
dansmopar@aol.com
5700 nw 125" Terrace
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing notice was served
via efile to John j Shahady, B.C.S. jshahady@swiawyers.law, One West Las Olas Blvd., Suite
500 Fort Lauderdale FL 33301. Edward O’sheehan,cosheehan@shutts.com on this 10st day of
May 2020.
Document Filed Date
May 09, 2020
Case Filing Date
October 31, 2019
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Filing # 107271796 E-Filed 05/09/2020 01:59:29 PM IN THE CIRCUIT COURT FOR THE 17" JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA DANIEL PRONMAN an individual, Plaintiff, Case No: CACE 19-22567 (7) v. EDWARD J. O’SHEEHAN of SHUTTS & BOWEN, LAURIE THOMPSON of ZONE LAW and FOWLER-WHITE LAW FIRM, BRETT HOROWITZ , JOHN M. ROSS, JOHN SHAHADY of KOPELOWITZ, OSTROW, FERGUSON, WEISELBERG, GILBERT FIRM, All lawyers and LAW FIRMS Defendants MOTION FOR LEAVE TO AMMEND COMPLAINT Plaintiff Daniel Pronman Pro Se respectively files this motion for leave to amend Plaintiff's first amended complaint: REASON FOR THIS MOTION The Plaintiff is filing this motion to clarify the statement on page 4 paragraph 24 of the first amended complaint to align with the wording of the statute (proposed second amended complaint attached). MEMORANDUM OF LAW Leave to amend a complaint should be liberally granted. “A judge's discretion to deny amendment of a complaint arises only after the defendant files an answer or if the plaintiff already has exercised the right to amend once. At that time, the second and fourth sentences of rule 1.190(a) apply: "Otherwise a party may amend a pleading only by *** PILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/09/2020 01:59:29 PM.****leave of court or by written consent of the adverse party. . .. Leave of court shall be given freely when justice so requires." (Emphasis added.) Boca Burger, Inc. v. Forum, 912 So. 2d 561 (Fla. 2005). The cases that have recognized a court's discretion to deny amendment in those circumstances concerned either a plaintiff's second (or subsequent) amendment or an amendment requested after the answer was filed. See, e.g., Fla. Nat'l Org. for Women, Inc. v. State, 832 So.2d 911, 915 (Fla. 1st DCA 2002) (holding that where the plaintiff had amended once before a responsive pleading had been served and once again after the defendant filed an answer, the trial court abused discretion in refusing leave to amend the second amended complaint); Kohn v. City of Miami Beach, 611 So.2d 538, 539 (Fla. 3d DCA 1992) (stating that when a party seeks to amend a complaint after a responsive pleading has been served, leave should be granted unless the court finds a clear abuse of the privilege to amend or the complaint is clearly not amendable); see also Dimick y. Ray, 774 So.2d 830, 835 (Fla. 4th DCA 2000) (holding that the trial court abused its discretion in denying motion for leave to amend plaintiff's first amended complaint); Adams v. Knabb Turpentine Co., 435 So.2d 944, 946 (Fla. 1st DCA 1983) (same); Highlands County Sch. Bd. v. K.D. Hedin Constr., Inc., 382 So.2d 90, 91 (Fla. 2d DCA 1980) (same). CONCLUSION This court should grant this motion at such an early time in this case as no responsive pleading has yet to be filed by the defendants.. PRAYER FOR RELIEF The Plaintiff respectfully requests this court to grant this motion without the need for a hearing and any other relief the court deems just.CERTIFICATE OF COMPLIANCE Movant has made a good faith attempt to resolve this issue and avoid filing this motion but Defendants will not agree. Daniel Pronman dansmopar@aol.com 5700 nw 125" Terrace CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing notice was served via efile to John j Shahady, B.C.S. jshahady@swiawyers.law, One West Las Olas Blvd., Suite 500 Fort Lauderdale FL 33301. Edward O’sheehan,cosheehan@shutts.com on this 10st day of May 2020.