Opinion
No. 87-2831.
August 24, 1988.
Appeal from the Circuit Court for Broward County; Robert C. Scott, Judge.
Robert Paul Vignola of Marko Stephany, Fort Lauderdale, for appellant.
James O. Murphy, Jr., of Byrd and Murphy, Fort Lauderdale, for appellee-Fidelity and Deposit Co. of Maryland.
The trial court entered final judgment dismissing plaintiff's complaint with prejudice because it appeared upon its face that a statute of limitations had run. The performance and payment bond, however, a copy of which was furnished by amendment to the complaint, indicates such may not be the case. Accordingly, it was error to dismiss with prejudice.
We reverse and remand.
GLICKSTEIN and DELL, JJ., and COOK, JACK H., Associate Judge, concur.