Commerce Ltd. Partnership 9219 11 v. Brightway Builder, Inc.

751 So. 2d 1285, 2000 Fla. App. LEXIS 2942, 2000 WL 282779
District Court of Appeal of Florida·Decided March 17, 2000·No. No. 5D99-1667·Published

Opinions

DAUKSCH, J.

This is an appeal dismissing a complaint in a civil action. Because the dismissal was “with prejudice” and the appellant should have been given leave to amend, we vacate the order to allow appellant the opportunity to amend by attaching all relevant documents and such other amendments it may deem appropriate. We make no decision at this point on the legal sufficiency of the first complaint.

ORDER VACATED; REMANDED.

ANTOON, C.J., concurs. W. SHARP, J., concurs specially with opinion.

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Commerce Ltd. Partnership 9219 11 v. Brightway Builder, Inc., 751 So. 2d 1285, 2000 Fla. App. LEXIS 2942, 2000 WL 282779 (Fla. Ct. App. 2000).

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