FRUGOLI v. WINN-DIXIE STORES, INC.

No. AY-191.

464 So.2d 1292 (1985)

Fritz L. FRUGOLI, Appellant, v. WINN-DIXIE STORES, INC., and Jerry Kelly, Appellees.

District Court of Appeal of Florida, First District.

March 7, 1985.


Attorney(s) appearing for the Case

Rodney W. Smith of Smith, Saier & Bryant, Alachua, for appellant.

Richard L. Randle of Slater, & Randle, Jacksonville, for appellee Winn-Dixie Stores, Inc.


WIGGINTON, Judge.

Appellant appeals the trial court's dismissal with prejudice of his first amended complaint against appellee, Winn-Dixie Stores, Inc. We affirm the order of dismissal but reverse the trial judge's dismissal with prejudice as to counts II and III of the complaint relating to Winn-Dixie and remand with directions that appellant be given an opportunity to file a second amended complaint.

Unlike counts I and IV, counts II and III state a cause...

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