Sunshine State Electric of South Florida, Inc. v. Construction Management & Design Co.

District Court of Appeal of Florida

Sunshine State Electric of South Florida, Inc. v. Construction Management & Design Co.

529 So. 2d 832, 13 Fla. L. Weekly 1981, 1988 Fla. App. LEXIS 3729, 1988 WL 86592

CourtDistrict Court of Appeal of Florida

DecidedAugust 24, 1988

DocketNo. 87-2831

StatusPublished

This text of 529 So. 2d 832 (Sunshine State Electric of South Florida, Inc. v. Construction Management & Design 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.

Bluebook

Sunshine State Electric of South Florida, Inc. v. Construction Management & Design Co., 529 So. 2d 832, 13 Fla. L. Weekly 1981, 1988 Fla. App. LEXIS 3729, 1988 WL 86592 (Fla. Ct. App. 1988).

Pincite

Opinion

PER CURIAM.

The trial court entered final judgment dismissing plaintiffs complaint with preju[833]*833dice because it appeared upon its face that a statute of limitations had run. The performance and payment bond, however, a copy of which was furnished by amendment to the complaint, indicates such may not be the case. Accordingly, it was error to dismiss with prejudice.

We reverse and remand.

GLICKSTEIN and DELL, JJ., and COOK, JACK H., Associate Judge, concur.

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PER CURIAM.

The trial court entered final judgment dismissing plaintiffs complaint with preju[833]*833dice because it appeared upon its face that a statute of limitations had run. The performance and payment bond, however, a copy of which was furnished by amendment to the complaint, indicates such may not be the case. Accordingly, it was error to dismiss with prejudice.

We reverse and remand.

GLICKSTEIN and DELL, JJ., and COOK, JACK H., Associate Judge, concur.

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Bluebook (online)

529 So. 2d 832, 13 Fla. L. Weekly 1981, 1988 Fla. App. LEXIS 3729, 1988 WL 86592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sunshine-state-electric-of-south-florida-inc-v-construction-management-fladistctapp-1988.