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CUDLIPP v. BLUE CHIP LAUNDRY, INC.

No. 85-474.

476 So.2d 783 (1985)

Michael P. CUDLIPP, Appellant, v. BLUE CHIP LAUNDRY, INC., d/b/a Environmental Marketing Corp., Appellee.

District Court of Appeal of Florida, Fourth District.

October 16, 1985.

Attorney(s) appearing for the Case

Mark D. Greenberg of Stinson, Lyons & Schuette, P.A., Miami, for appellant.

Karen A. Gagliano and Terry E. Resk, of Lavalle, Wochna, Rutherford & Brown, P.A., Boca Raton, for appellee.

PER CURIAM.

We affirm the partial summary judgment entered for the plaintiff but remand with direction that defendant be granted leave to amend. Over twenty years ago, the Supreme Court of Florida said in Hart Properties, Inc. v. Slack, 159 So.2d 236, 240 (Fla. 1963):

In circumstances such as this where a summary judgment should be entered, yet the matters presented indicate...

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