Florida District Courts of Appeal, 1976

Orlando Central Park, Inc. v. Master Door Co. of Orlando, Inc.

Orlando Central Park, Inc. v. Master Door Co. of Orlando, Inc.
Florida District Courts of Appeal · Decided October 15, 1976 · Cross, Dow, Mager, Ney
338 So. 2d 259; 1976 Fla. App. LEXIS 15625 (Southern Reporter, Second Series)

Orlando Central Park, Inc. v. Master Door Co. of Orlando, Inc.

Opinion of the Court

PER CURIAM.

We consolidate for the purpose of review and disposition interlocutory appeals cases 75-2141 and 76-108.

Upon review of the record on appeal and briefs of the respective parties, we determine that the trial court erred in failing to grant appellant-defendant’s motion to dismiss appellee-plaintiff’s second amended complaint for it fails to state a cause of action sufficient to establish an equitable lien, or for the equity remedy of reformation. Accordingly, the order appealed in Case No. 75-2141 is reversed and the cause *260is remanded to the trial court with directions to dismiss appellee-plaintiff’s second amended complaint with prejudice. Case No. 76 — 108 is dismissed as rendered moot by the disposition of Case No. 75-2141.

Reversed and remanded, with directions.

MAGER, C. J., and CROSS and DOW-NEY, JJ., concur.

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