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Michel Watson, pro se, moves pursuant to FLORIDA rules of Civil Procedure 1.190(a), and seeks leave to amend the complaint. The proposed amended complaint is purposed to add the additional statutory causes of action based on alleged transactions. The defendant will not be prejudiced by the amendment of the complaint, nor will the amendment warrant additional time for discovery in this case.
Michel Watson, pro se, moves pursuant to FLORIDA rules of Civil Procedure 1.190(a), and seeks leave to amend the complaint. The proposed amended complaint is purposed to add the additional statutory causes of action based on alleged transactions. The defendant will not be prejudiced by the amendment of the complaint, nor will the amendment warrant additional time for discovery in this case.
Michel Watson, pro se, moves pursuant to FLORIDA rules of Civil Procedure 1.190(a), and seeks leave to amend the complaint. The proposed amended complaint is purposed to add the additional statutory causes of action based on alleged transactions. The defendant will not be prejudiced by the amendment of the complaint, nor will the amendment warrant additional time for discovery in this case.
MOTION FOR LEAVE TO FILE AMENDED COMPLAINT P a g e | 1
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY, FLORIDA
Michel Watson, AKA, ) Michel Mancini-Watson, ) Plaintiff, ) CASE # 05-2010-CC-032085-XXXX-XX ) -vs- ) ) John S. Stagnitta, et al. ) Defendant. )
MOTION FOR LEAVE TO AMEND COMPLAINT
Comes now, the plaintiff, Michel Watson, pro se Plaintiff, hereby moves pursuant to Florida rules of Civil Procedure 1.190(a), and seeks leave to amend the complaint. 1. The proposed amended complaint, which is attached, is purposed to add the additional statutory causes of action based on alleged transactions. 2. The defendant will not be prejudiced by the amendment of the complaint, nor will the amendment warrant additional time for discovery in this case. WHEREFORE, the plaintiff respectfully requests that an Order granting this motion for leave to amend the complaint and this amended complaint be entered as the filed amendment accepted by this court.
I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed by U.S. mail this _20th_ day of _June_, 2011 to: _JOHN STAGNITTA 49 N. FEDERAL HIGHWAY #238 POMPANO BEACH, FL 33062. __________________ ______________________________ Date Signed Petitioners Signature ___321-698-2815____ ___P.O. Box 236231_____________ Daytime Phone Address ___Cocoa, FL 32923-6231________
MOTION FOR LEAVE TO FILE AMENDED COMPLAINT P a g e | 2
MOTION FOR LEAVE TO FILE AMENDED COMPLAINT P a g e | 3
Be certain to copy amended complaint and attach to motion
Boca Burger,Inc. v. Forum, 912 So.2d 561 (Fla. 2005) Cited as Right to Amend Pleading from FL Civ. Trial Prep., Pg. 52
Posey v. Magill, 530 So. 2d 985 (Fla. 1 st DCA 1988) Cited to asset additional causes of action
Rules/Statutes-REFERENCE ONLY!
1. Fla. Stat. 726.102 (12) He disposed of an interest in an asset through the creation of a lien 2. Fla. Stat. 726.103 (4) He has attempted to conceal assets with the intent to defraud creditors and includes voidable transfers. This prevents him from claiming insolvency. 3. Fla. Stat. 726.105 (1)(a)(b) He has delayed the security of the assets in an attempt to defraud me and /or without providing a value for exchange of the obligation. 4. Fla. Stat. 726.105(1)(b)(2) He was unable to pay the debt as it became due, consistently claims indigence, although I have approached him many times at his workplace.
Trawicks Florida practice & Procedure Amendments 14.4 Thereafter on a proper attack the ocurt can rule the amendment is legally insufficient. The simpler way to accomplish the filing and service of an amended pleading is to have the order make the proposed amendment stand as the filed amendment. This saves filing and serving a duplicate. The amended pleading follows the form of the pleading it replaces, except for the designation as an amended pleading. PG. 252
United States v. Yvonne Melendez-Carrion, Hilton Fernandez-Diamante, Luis Alfredo Colon Osorio, Filiberto Ojeda Rios, Orlando Gonzales Claudio, Elias Samuel Castro-Ramos and Juan Enrique Segarra Palmer, 804 F.2d 7, 2d Cir. (1986)