Opinion
No. 92-101.
October 13, 1992.
An Appeal from the Circuit Court of Dade County; James C. Henderson, Judge.
Mark J. Feldman, Miami, for appellant.
Kubicki, Draper, Gallagher McGrane, Gail Leverett and Roger G. Welcher, Miami, for appellee Hi-Lo Climbers, Div. of L.E. Zygmun Co., Inc.
Before NESBITT, JORGENSON and GODERICH, JJ.
CONFESSION OF ERROR
As the appellee, Hi-Lo Climbers, a division of L.E. Zygmun Co., Inc., properly concedes, the trial court erred in granting its motion to dismiss with prejudice where it is not a named party in the complaint, nor served with the summons and complaint.
Reversed and remanded for further proceedings.