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GROSS v. FRANKLIN

No. 80-1142.

387 So.2d 1046 (1980)

Donald GROSS, Appellant, v. Leo FRANKLIN, Appellee.

District Court of Appeal of Florida, Third District.

September 16, 1980.

Attorney(s) appearing for the Case

Haber, Kaplan & Rapoport, Miami, for appellant.

O'Connell, Cooper, Parrish & McBane and William G. Shofstall, Jr., West Palm Beach, for appellee.

Before NESBITT, BASKIN, and DANIEL S. PEARSON, JJ.

DANIEL S. PEARSON, Judge.

Gross sued Franklin in Dade County for damages arising out of a breach of their partnership agreement. Franklin moved to dismiss the complaint upon the limited grounds that it failed to state a cause of action or a claim upon which relief could be granted, and that Gross' exclusive remedy under the contract was arbitration. Gross then, without leave of court, filed an amended complaint which Franklin moved to dismiss on essentially the same...

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