Florida District Courts of Appeal, 2000

Stearns v. Stearns Peat Co.

Stearns v. Stearns Peat Co.
Florida District Courts of Appeal · Decided June 7, 2000 · Casanueva, Danahy, Paul, Salcines
760 So. 2d 255; 2000 Fla. App. LEXIS 6826; 2000 WL 724551 (Southern Reporter, Second Series)

Stearns v. Stearns Peat Co.

Opinion of the Court

CASANUEVA, Acting Chief Judge.

In this dispute between the plaintiff landscaping company and the defendant soil supplier, we affirm the dismissal with prejudice of counts I and III of the plaintiffs third amended complaint. The plaintiff was afforded generous guidance and ample opportunity to plead a cause of action for tortious interference with contract or with business relationship and failed to do so. See Gladstone v. Smith, 729 So.2d 1002 (Fla. 4th DCA 1999). We find, however, that count II of the third amended complaint does state a cause of action for breach of contract and should not have been dismissed with prejudice. Accordingly, we affirm in part, reverse in part, and remand this matter to the trial court for reinstatement of count II of the third amended complaint.

SALCINES, Jā€ž and DANAHY, PAUL W., (Senior) Judge, Concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.