Legal Question in Civil Litigation in Florida

I am currently a defendant in a civil case and moved for a dismissal because the complaint did not state a cause of action. The case was dismissed without prejudice giving the plaintiff leave to amend. The plaintiff amended the complaint without refiling. Is this proper? Anyway, when he amended the case, I again moved to dismiss on the grounds that the document he relied on to acquire standing had not followed statutory regulations. The plaintiff then corrected this particular problem and thereby finally obtained standing four months after the case was filed! Is there some rule about doctoring a complaint during a case? If I lose, what grounds do I have for appealing the dismissal based on failure of the Plaintiff to refile the complaint? I will be looking at four months of attorney fees that I would not have had to pay if the judge had ordered the plaintiff to refile. By the way, the second time I moved for a dismissal, the plaintiff did not answer.
Thank you in advance for any advice you can provide.

Asked on 10/11/11, 3:01 pm

Angelo Marino Angelo Marino Jr. PA

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Plaintiff does not have to refile the complaint unless the complaint is dismissed with prejudice.

Answered on 10/16/11, 1:22 pm

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