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LEVENSON v. BRIGHTSIDE LTD.

No. 82-433.

426 So.2d 61 (1983)

Sidney LEVENSON and Sally Levenson, His Wife, Appellants, v. BRIGHTSIDE LIMITED, a Florida Limited Partnership and Gigliotti Corporation, a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 25, 1983.

Attorney(s) appearing for the Case

Steven W. Effman, Lauderhill, for appellants.

Brian B. Joslyn of DeSantis, Cook, Gaskill & Silverman, North Palm Beach, for appellees.

HURLEY, Judge.

The trial court applied the rule from the Harry Pepper case and dismissed the plaintiff's complaint with prejudice. We hold that the rule in Harry Pepper is inapposite to the case at bar and, consequently, we reverse.

Harry Pepper and Associates, Inc. v. Lasseter, 247 So.2d 736 (Fla. 3d DCA 1971), announced the rule that if

[t]here is an inconsistency between the general allegations...

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