274 So. 2d 557

James Ash RANDLE and George L. Onett, as co-executors of the Estate of Robert W. Randle, Deceased, Appellants, v. Genevieve L. RANDLE, Appellee.

No. 72-1372.

District Court of Appeal of Florida, Third District.

March 6, 1973.

Rehearing Denied April 4, 1973.

Shalle Stephen Fine, Miami, for appellants.

Kelly, Black, Black & Kenny, Sinclair, Louis, Sand & Seigel, Miami, for appellee.

Before BARKDULL, C. J., and HEN-DRY and HAVERFIELD, JJ.

PER CURIAM.

This interlocutory appeal is from an order of the Circuit Court of Dade County, Florida, denying appellants’ motion to amend their answer and add a counterclaim which was filed two and one-half years after their original answer, and just prior to a hearing on a motion for summary judgment.

Appellants contend that the court abused its direction in refusing to allow the additional pleadings.

We have considered the record on appeal, briefs and arguments of counsel and have concluded that no abuse of discretion has been made to appear.

As this court and other appellate courts have held, where no such showing is made the ruling of the trial judge will not be disturbed. 2765 South Bayshore Drive Corp. v. Fred Howland, Inc., Fla.App. 1968, 212 So.2d 911; United States v. State, Fla.App. 1965, 179 So.2d 890; Corbett v. Eastern Air Lines, Inc., Fla.App. 1964, 166 So.2d 196.

Affirmed.

Randle v. Randle
274 So. 2d 557

Case Details

Name
Randle v. Randle
Decision Date
Mar 6, 1973
Citations

274 So. 2d 557

Jurisdiction
Florida

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