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WEITZER MOON LAKE LTD. v. KER EQUIP. CO., INC.

Nos. 4-86-1217, 4-86-1479.

519 So.2d 628 (1987)

WEITZER MOON LAKE, LTD., a Florida Limited Partnership, Weitzer Enterprises No. 4, Inc., a Florida Corporation, Weitzer Communities, Ltd., a Florida Limited Partnership and Fidelity and Deposit Company of Maryland, Inc., a Florida Corporation, Appellants, v. KER EQUIPMENT COMPANY, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

On Motion for Rehearing February 25, 1988.

Attorney(s) appearing for the Case

Victor K. Rones of Margulies & Rones, P.A., North Miami Beach, for appellants.

Wayne Kaplan of Friedman, Leeds, Shorenstein, Feldman & Mallinger, P.A., Boca Raton, for appellee.

PER CURIAM.

The orders appealed from are affirmed in all respects except that we find the trial court erred in failing to grant appellants' motion to dismiss as to Weitzer Moon Lake, Ltd. See Deltona Corporation v. Indian Palms, Inc., 323 So.2d 282 (Fla. 2d DCA 1975).

AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion.<...

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