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Justin visits Sue’s Sweets. While leaving the store, Justin

    Justin visits Sue’s Sweets. While leaving the store, Justin slips andfalls on the icy curb as he approaches his car that is parked in frontof the shop. Two years later, Justin sues Sue for damages for personalinjury. Sue answers the complaint, discovery begins, and the Court sets ajury trial in one year. A few weeks before trial, after discovery has closed, Sue moves toamend the pleadings and assert a third party complaint against herlandlord, Slumlord StripMalls, Inc., for apportionment of fault. Sueattaches to her motion a proposed third-party complaint which allegesSlumlord negligently maintained the sidewalk, curb and parking lot whereJustin fell, and that this negligence, in whole or in part, causedJustin’s injury.Justin files an opposition, arguing that it is too late to amend thecomplaint to bring a third party complaint against Slumlord StripMalls,and that doing so would prejudice him.Do you think the Floridacourt would grant Sue’s motion and allow her to file the third partycomplaint? Why or why not? Add Florida Rules references to your discussion.

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