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Florida District Courts of Appeal, 1988

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

Sunshine State Electric of South Florida, Inc. v. Construction Management & Design Co.
Florida District Courts of Appeal · Decided August 24, 1988 · Cook, Dell, Glickstein, Jack
529 So. 2d 832; 13 Fla. L. Weekly 1981; 1988 Fla. App. LEXIS 3729; 1988 WL 86592 (Southern Reporter, Second Series)

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

Opinion of the Court

PER CURIAM.

The trial court entered final judgment dismissing plaintiffs complaint with preju*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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