Florida District Courts of Appeal, 1987

Cristancho v. Village Homes in Bonaventure Homeowners Ass'n

Florida District Courts of Appeal · Decided December 9, 1987 · Dell, Downey, Walden

516 So. 2d 102; 12 Fla. L. Weekly 2767; 1987 Fla. App. LEXIS 11418; 1987 WL 2272 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

The trial judge correctly concluded that the second amended complaint fails to state a cause of action. However appellants have satisfied us that if given the opportunity they could plead sufficient ultimate facts to support a proper cause of action. Therefore we reverse the trial court’s order of dismissal with prejudice and remand this cause with instructions to permit appellants to file a third amended complaint.

REVERSED and REMANDED.

DOWNEY, DELL and WALDEN, JJ., concur.

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