London Street Florist, Inc. v. John F. Mercede, Ltd.

District Court of Appeal of Florida

London Street Florist, Inc. v. John F. Mercede, Ltd.

555 So. 2d 1286, 1990 Fla. App. LEXIS 177, 1990 WL 2690

CourtDistrict Court of Appeal of Florida

DecidedJanuary 17, 1990

DocketNo. 88-3294

StatusPublished

This text of 555 So. 2d 1286 (London Street Florist, Inc. v. John F. Mercede, Ltd.) 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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London Street Florist, Inc. v. John F. Mercede, Ltd., 555 So. 2d 1286, 1990 Fla. App. LEXIS 177, 1990 WL 2690 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

We affirm in part and reverse in part. We agree with appellant that the trial court erred in allowing the appellee, midway through the trial, to amend its complaint to add a claim under an earlier lease not sued on in the complaint being tried. We reject the other asserted claims of error. We remand with directions that further proceedings be conducted to delete from the damages awarded any claim under the earlier lease. The trial court may, as it determines to be necessary, resolve this issue on the present record or conduct further appropriate proceedings to resolve the issue.

ANSTEAD, WALDEN and POLEN, JJ., concur.

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PER CURIAM.

We affirm in part and reverse in part. We agree with appellant that the trial court erred in allowing the appellee, midway through the trial, to amend its complaint to add a claim under an earlier lease not sued on in the complaint being tried. We reject the other asserted claims of error. We remand with directions that further proceedings be conducted to delete from the damages awarded any claim under the earlier lease. The trial court may, as it determines to be necessary, resolve this issue on the present record or conduct further appropriate proceedings to resolve the issue.

ANSTEAD, WALDEN and POLEN, JJ., concur.

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Bluebook (online)

555 So. 2d 1286, 1990 Fla. App. LEXIS 177, 1990 WL 2690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/london-street-florist-inc-v-john-f-mercede-ltd-fladistctapp-1990.