Torres

I. INTRODUCTION

This consolidated appeal is taken from an order striking class action allegations and an order denying a motion to amend the original complaint. The trial court made each order in the sequence in which the motion was presented. Since the defendant’s motion to strike the class action allegations was made first, it was considered first, then the court considered the plaintiffs’ motion to amend their complaint. Unfortunately, while the trial judge was taking the motions in the order in which they had been presented to him, the law governing the processing of procedural challenges to class action allegation is geared so that motions to amend should be considered before motions to strike. And, as it turns out, the motion to amend should have been granted; the case was still relatively young procedurally and the defendant could show no prejudice. As we explain below, we are compelled to reverse the order denying the motion to amend and remand the order striking the class action allegations for further consideration in light of the newly amended complaint.

II. FACTS

A class action complaint was filed December 30, 2011, against Marriott International, on behalf of…