Supreme Court of Florida

Guggenheimer & Company, a Corporation v. W. M. Davidson

June 15, 191162 Fla. 490

Summary

The Supreme Court of Florida reversed the trial court’s order denying a motion to strike an amended complaint because the amendment was wholly inconsistent with the original pleading and failed to allege an equitable right. The Court held that striking a pleading is appropriate where the amendment creates a new, repugnant cause of action.