HAGEN v. FLORIDA DRUG, INC.

No. 78-2735.

402 So.2d 57 (1981)

A. HAGEN, Appellant, v. FLORIDA DRUG, INC., D/B/a Florida Wholesale Drug, Inc., and Remala Drug Corporation, D/B/a Williams Rexall Pharmacy, Appellee.

District Court of Appeal of Florida, Fourth District.

August 12, 1981.


Attorney(s) appearing for the Case

Nancie G. Severs of Miller & Squire, Fort Lauderdale, for appellant.

Michael W. Ullman of Ullman & Ullman, North Miami Beach, for appellee-Florida Drug, Inc.

No appearance for appellee-Remala Drug Corp.


HURLEY, Judge.

Plaintiff/appellant brings this appeal from the dismissal with prejudice of his third amended complaint. We affirm in part and reverse in part.

Count one was aimed at the defendant Remala Drug Corporation and alleged a breach of a lease agreement. Since Remala neither moved to dismiss nor filed a responsive pleading, the court erred in dismissing count one.

Count two was directed against defendant/appellee Florida Drug, Inc. Therein...

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