Alters v. H.W. Henderson Construction Co.

District Court of Appeal of Florida

Alters v. H.W. Henderson Construction Co.

489 So. 2d 840, 11 Fla. L. Weekly 1264, 1986 Fla. App. LEXIS 8194

CourtDistrict Court of Appeal of Florida

DecidedJune 4, 1986

DocketNo. BI-200

StatusPublished

Cited by1 cases

This text of 489 So. 2d 840 (Alters v. H.W. Henderson Construction Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alters v. H.W. Henderson Construction Co., 489 So. 2d 840, 11 Fla. L. Weekly 1264, 1986 Fla. App. LEXIS 8194 (Fla. Ct. App. 1986).

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Opinion

BARFIELD, Judge.

The trial court dismissed appellants’ nine-count second amended complaint against Henderson Construction, Watson Realty and Campbell. Eight of those counts fail to state a legal cause of action and violate the pleading rules of the Rules of Civil Procedure. Count I does manage to recite the elements of a breach of contract cause of action. However, that count also violates Fla.R.Civ.P. 1.110(b). Appellants’ counsel foreclosed his opportunity to further amend this complaint by requesting a dismissal with prejudice, if the court dismissed the complaint.

Accordingly, the order dismissing all counts of the complaint is AFFIRMED.

SHIVERS and ZEHMER, JJ., concur.

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BARFIELD, Judge.

The trial court dismissed appellants’ nine-count second amended complaint against Henderson Construction, Watson Realty and Campbell. Eight of those counts fail to state a legal cause of action and violate the pleading rules of the Rules of Civil Procedure. Count I does manage to recite the elements of a breach of contract cause of action. However, that count also violates Fla.R.Civ.P. 1.110(b). Appellants’ counsel foreclosed his opportunity to further amend this complaint by requesting a dismissal with prejudice, if the court dismissed the complaint.

Accordingly, the order dismissing all counts of the complaint is AFFIRMED.

SHIVERS and ZEHMER, JJ., concur.

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489 So. 2d 840, 11 Fla. L. Weekly 1264, 1986 Fla. App. LEXIS 8194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alters-v-hw-henderson-construction-co-fladistctapp-1986.

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