02-1015 ALEXANDER V. CITY OF MIAMI

State: Florida

Court: Florida Third District Court

Docket No: 02-1015 ALEXANDER V. CITY OF MIAMI

Case Date: 12/18/2002

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002

MICHAEL ALEXANDER, Appellant, vs. THE CITY OF MIAMI, Appellee.

** ** ** ** ** CASE NO. 3D02-1015 LOWER TRIBUNAL NO.01-4775

Opinion filed December 18, 2002. An Appeal from the Circuit Court for Dade County, Jon I. Gordon, Judge. Bernard J. Butts, Jr., for appellant. Alejandro Vilarello, City Attorney, and Christopher Green and Regine Monestime, Assistant City Attorneys, for appellee.

Before JORGENSON, LEVY, and SHEVIN, JJ.

PER CURIAM.

We affirm the order of summary judgment, as the City was

not liable as a matter of law for any injuries sustained by plaintiff at the location alleged in his pre-suit notice and his complaint. The trial court did not abuse its discretion in See Fla. R. Civ. P.

denying plaintiff's motion to amend.

1.190(b) (2001); Frenz Enters., Inc. v. Port Everglades, 746 So. 2d 498, 503 (Fla. 4th DCA 1999) (holding that trial court did not abuse its discretion in denying leave to amend complaint where proposed amendment would "materially vary the originally

asserted grounds for relief"). AFFIRMED.

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