B & H SALES, INC. v. FUSCO CORP.

No. 76-1113.

342 So.2d 105 (1977)

B & H SALES, INC., Appellant, v. The FUSCO CORPORATION, d/b/a Sunshine Associates, Appellee.

District Court of Appeal of Florida, Second District.

February 2, 1977.


Attorney(s) appearing for the Case

Roland D. Waller of Altman & Waller, New Port Richey, for appellant.

Richard M. Robbins, Clearwater, for appellee.


OTT, Judge.

Appellant, plaintiff below, appeals from an order granting defendant-appellee's motion to dismiss. The court below, having found that the appellant had failed to name the true fee simple owner of certain real property as a proper party defendant by its correct corporate name, dismissed the action for failure to file suit within one year as required by Section 713.22(1), Florida Statutes. Under the circumstances disclosed in the record (hereinafter discussed...

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