AFFORDABLE HOMES, INC. v. DEVIL'S RUN, LTD.

No. ZZ-178.

408 So.2d 679 (1982)

AFFORDABLE HOMES, INC., Appellant, v. DEVIL's RUN, LIMITED, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 8, 1982.


Attorney(s) appearing for the Case

Robert A. Stern, Gainesville, for appellant.

Phillip A. DeLaney, Gainesville, for appellee.


ERVIN, Judge.

Affordable Homes, Inc.'s appeal urges that the lower court abused its discretion in dismissing its amended complaint with prejudice for failure to state a cause of action. We agree and reverse and remand with instructions.

Affordable's two-count, amended complaint alleged breach of contract and sought in the alternative damages and specific performance. The subject of the complaint concerned two real estate land sale contracts. Under the terms...

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