Opinion
No. BI-200.
June 4, 1986. Rehearing Denied June 27, 1986.
Appeal from the Circuit Court, Duval County, John S. Cox, J.
Clyde N. Wells, Jr., P.A., Jacksonville, for appellants.
Larry Smith, of Kopelousos, Head, Smith, Townsend Metcalf, P.A., Orange Park, and J. James Allen, Jacksonville, for appellees.
The trial court dismissed appellants' nine-count second amended complaint against Henderson Construction, Watson Realty and Campbell. Eight of those counts fail to state a legal cause of action and violate the pleading rules of the Rules of Civil Procedure. Count I does manage to recite the elements of a breach of contract cause of action. However, that count also violates Fla.R.Civ.P. 1.110(b). Appellants' counsel foreclosed his opportunity to further amend this complaint by requesting a dismissal with prejudice, if the court dismissed the complaint.
Accordingly, the order dismissing all counts of the complaint is AFFIRMED.
SHIVERS and ZEHMER, JJ., concur.