Florida District Courts of Appeal, 1986

Alters v. H.W. Henderson Construction Co.

Florida District Courts of Appeal · Decided June 4, 1986 · Barfield, Shivers, Zehmer

489 So. 2d 840; 11 Fla. L. Weekly 1264; 1986 Fla. App. LEXIS 8194 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

JOSE MEJIA v. SCOTT EGLESTON (Fla. Dist. Ct. App. 2021)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

BARFIELD, Judge.

The trial court dismissed appellants’ nine-count second amended complaint against Henderson Construction, Watson Realty and Campbell. Eight of those counts fail to state a legal cause of action and violate the pleading rules of the Rules of Civil Procedure. Count I does manage to recite the elements of a breach of contract cause of action. However, that count also violates Fla.R.Civ.P. 1.110(b). Appellants’ counsel foreclosed his opportunity to further amend this complaint by requesting a dismissal with prejudice, if the court dismissed the complaint.

Accordingly, the order dismissing all counts of the complaint is AFFIRMED.

SHIVERS and ZEHMER, JJ., concur.

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