Jacqueline Zewski, of the Ft. Lauderdale office, successfully opposed Plaintiff’s motion for leave to amend its complaint in a PIP case. The Plaintiff filed its complaint as a declaratory action seeking interpretation of whether a carrier’s policy elects the permissive fee schedules. Two years later while the case was pending on the Court’s trial docket, the Plaintiff moved for leave to amend the action to a breach of contract in order to assert underpayments. The Court denied Plaintiff’s motion, finding that a procedure which allows an appellate court to rule and then allow the losing party to amend his initial pleadings to assert matters not previously raised renders a mockery of the justice system’s finality concept. The Plaintiff subsequently dismissed the case with prejudice.