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HARDRIVES COMPANY, INC. v. WELLS

No. 76-2490.

367 So.2d 227 (1978)

HARDRIVES COMPANY, INC., and Liberty Mutual Insurance Company, Appellants, v. Arthur WELLS and the Hertz Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

December 20, 1978.

Attorney(s) appearing for the Case

Frank E. Maloney, Jr., of Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellants.

George B. Pomeroy of Pomeroy, Betts & Wiederhold, Fort Lauderdale, for appellees.

PER CURIAM.

Our study of the briefs and record in this case convinces us that the trial court was correct in dismissing the amended third party complaint. However, since the third party plaintiff only had one opportunity to amend, we feel the third party plaintiff should be given a further opportunity to attempt to state a cause of action. Accordingly, the order appealed from is reversed.

DOWNEY, C.J., and ANSTEAD and DAUKSCH...

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