Owens v. Cane Services, Inc.

602 So. 2d 564, 1992 Fla. App. LEXIS 4807, 1992 WL 91412

Opinion

ON MOTION FOR CLARIFICATION

PER CURIAM.

We grant appellee Triangle Sod Farms Limited Partnership’s motion for clarification, withdraw our opinion of March 11, 1992 and substitute the following:

We affirm the trial court’s dismissal with prejudice of Count IV of appellants’ amended third amended complaint against appel-lees Andrew Helgesen and Triangle Sod Farms Limited Partnership. See Norris & Associates of Naples, Inc. v. Elkins, 570 So.2d 1386 (Fla. 2d DCA 1990). We reverse the trial court’s dismissal with prejudice of Count I of appellants’ amended third amended complaint as to appellees Angus Investments, Inc. and Edwin A. Jones. The complaint, though inartfully drafted, contains sufficient allegations to state a cause of action against these appel-lees for breach of contract.

AFFIRMED IN PART; REVERSED IN PART and REMANDED.

ANSTEAD, LETTS and DELL, JJ., concur.