Opinion
No. 82-292.
November 24, 1982.
Appeal from Circuit Court, Lee County; Thomas S. Reese, Judge.
J.P. Carolan III and Bradford Swing of Winderweedle, Haines, Ward Woodman, Winter Park, and Arky, Freed, Stearns, Watson Greer, P.A., Miami, for appellant.
James G. Decker of Stewart Decker, P.A., Fort Myers, for appellee.
Robert L. Donald of Pavese, Shields, Garner, Haverfield, Dalton Cottrell, Fort Myers, amicus curiae for River Towers Condominium Ass'n, Inc.
We find no merit in appellant's contention that the trial court erred in dismissing with prejudice its fourth amended complaint. Appellant, Barnett Bank of Orlando/Winter Park, N.A., in its complaint only sought foreclosure of a mortgage given by the appellee, Florida Free Enterprises, Inc., and did not allege a cause of action on the promissory note executed by the appellee on July 5, 1973. We accordingly affirm the trial court's dismissal of the foreclosure action without prejudice to appellant's filing an action on the promissory note.
SCHEB, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.