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SPARBER, SHEVIN, SHAPO, ET AL. v. KIRSCH

No. 87-404.

516 So.2d 91 (1987)

SPARBER, SHEVIN, SHAPO & HEILBRONNER, P.A., Appellant, v. Fred KIRSCH and Herbert K. Kunen, Jointly and Severally, Appellees.

District Court of Appeal of Florida, Third District.

December 8, 1987.

Attorney(s) appearing for the Case

Sparber, Shevin, Shapo & Heilbronner and Gary S. Phillips, Miami, and Alex Ferrer, for appellant.

Robert M. Hoffman, Coral Gables, for appellees.

Before HENDRY, BASKIN and FERGUSON, JJ.

PER CURIAM.

This is an appeal from an order dismissing with prejudice the original complaint against the individual defendants, Kirsch and Kunen, for failure to state a cause of action against them individually. We hold that where the plaintiff had not previously amended its complaint and it did not clearly appear that a cause of action could not be alleged against the individual defendants the trial court erred in dismissing the complaint with prejudice. See Sidener...

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