Opinion
No. 90-00876.
April 19, 1991.
John W. Andrews of John W. Andrews, P.A., Tampa, for appellant.
Steven L. Brannock and Stacy D. Blank of Holland and Knight, Tampa, for appellee Mut. Benefit Life Ins. Co.
Gwynne A. Young, Carlton, Fields, Ward, Emmanuel, Smith Cutler, P.A., Tampa, for appellees Equifax Inc., Equifax Services and John Chapman.
We reverse the trial court's order dismissing with prejudice the fourth amended complaint insofar as the order dismissed what we view as plaintiff's attempt to preserve an ERISA cause of action against Mutual Benefit Life Insurance Company. While the dismissal shall stand, on remand plaintiff shall have the opportunity to further amend to state such a cause of action. In all other respects the order is affirmed.
CAMPBELL, A.C.J., and LEHAN and ALTENBERND, JJ., concur.