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COSTA BELLA DEVELOPMENT CORP. v. RECAREY

Nos. 79-1942, 79-1943.

390 So.2d 100 (1980)

COSTA BELLA DEVELOPMENT CORP., a Florida Corporation, Appellant, v. Miguel RECAREY, Jr., Olga Recarey, Miguel Recarey and Carman Recarey, and Donald H. Altman, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 8, 1980.

Attorney(s) appearing for the Case

Sibley, Giblin, Levenson & Glaser and Marion E. Sibley, Miami Beach, for appellant.

Koeppel, Stark & Newmark and Robert L. Koeppel and Robert Gellman, Robinson & Greenberg and Barry N. Greenberg, Miami, for appellees.

Before HENDRY, SCHWARTZ and NESBITT, JJ.

PER CURIAM.

Appellant, plaintiff below, brings this appeal from two orders1 which dismissed its amended complaint for failure to state a cause of action against the appellees, defendants below, in their individual capacities. We find that a cause of action was stated and reverse.

The complaint alleges that the plaintiff sold land to Costa Development Corporation, which was owned and controlled by the defendants, and took back as...

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