Opinion
No. 4-86-2228.
December 9, 1987. Clarification Denied January 25, 1988.
Appeal from the Circuit Court for Broward County; Robert C. Scott, Judge.
Michael E. Rehr of the Law Office of Michael E. Rehr, Coral Gables, and Jeffrey R. Eisensmith, P.A., Fort Lauderdale, for appellant.
Gary Brookmyer of Broad and Cassel, Miami, for appellees.
The summary judgment in favor of appellee Harry Eichler is reversed on authority of Nu-Way Plumbing, Inc. v. Superior Mechanical, Inc., 315 So.2d 556 (Fla. 2d DCA 1975).
Appellees correctly point out that paragraph seven of the second amended complaint, wherein appellant seeks to recover salary and insurance coverage benefits, incorrectly alleges that such benefits flow from the agreement between Martin Pastina and appellee Eichler rather than from the stock purchase agreement. The summary judgment in favor of appellee Royal Sample Service Corporation is therefore affirmed. Upon motion, appellant should be permitted to amend his complaint.
REVERSED IN PART; AFFIRMED IN PART, AND REMANDED.
DOWNEY and LETTS, JJ., and LINDSEY, HUBERT R., Associate Judge, concur.