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Owens v. Cane Services, Inc.

District Court of Appeal of Florida, Fourth District
May 6, 1992
602 So. 2d 564 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-1225.

May 6, 1992.

Appeal from the Circuit Court for Palm Beach County; Edward H. Fine, Judge.

Joseph D. Farish, Jr., of Farish, Farish Romani, West Palm Beach, for appellants.

Andrew Helgesen of Harris, Kukey Helgesen, P.A., Palm Beach Gardens, for appellees.


ON MOTION FOR CLARIFICATION


We grant appellee Triangle Sod Farms Limited Partnership's motion for clarification, withdraw our opinion of March 11, 1992 and substitute the following:

We affirm the trial court's dismissal with prejudice of Count IV of appellants' amended third amended complaint against appellees Andrew Helgesen and Triangle Sod Farms Limited Partnership. See Norris Associates of Naples, Inc. v. Elkins, 570 So.2d 1386 (Fla. 2d DCA 1990). We reverse the trial court's dismissal with prejudice of Count I of appellants' amended third amended complaint as to appellees Angus Investments, Inc. and Edwin A. Jones. The complaint, though inartfully drafted, contains sufficient allegations to state a cause of action against these appellees for breach of contract.

AFFIRMED IN PART; REVERSED IN PART and REMANDED.

ANSTEAD, LETTS and DELL, JJ., concur.


Summaries of

Owens v. Cane Services, Inc.

District Court of Appeal of Florida, Fourth District
May 6, 1992
602 So. 2d 564 (Fla. Dist. Ct. App. 1992)
Case details for

Owens v. Cane Services, Inc.

Case Details

Full title:CHARLES A. OWENS, CATTLEMEN'S REAL ESTATE, INC., A FLORIDA CORPORATION…

Court:District Court of Appeal of Florida, Fourth District

Date published: May 6, 1992

Citations

602 So. 2d 564 (Fla. Dist. Ct. App. 1992)