Florida District Courts of Appeal, 1990

London Street Florist, Inc. v. John F. Mercede, Ltd.

London Street Florist, Inc. v. John F. Mercede, Ltd.
Florida District Courts of Appeal · Decided January 17, 1990 · Anstead, Polen, Walden
555 So. 2d 1286; 1990 Fla. App. LEXIS 177; 1990 WL 2690 (Southern Reporter, Second Series)

London Street Florist, Inc. v. John F. Mercede, Ltd.

Opinion of the Court

PER CURIAM.

We affirm in part and reverse in part. We agree with appellant that the trial court erred in allowing the appellee, midway through the trial, to amend its complaint to add a claim under an earlier lease not sued on in the complaint being tried. We reject the other asserted claims of error. We remand with directions that further proceedings be conducted to delete from the damages awarded any claim under the earlier lease. The trial court may, as it determines to be necessary, resolve this issue on the present record or conduct further appropriate proceedings to resolve the issue.

ANSTEAD, WALDEN and POLEN, JJ., concur.

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