SJS ENTERPRISES INC. v. CATES

Nos. 88-0049, 88-1573.

547 So.2d 226 (1989)

SJS ENTERPRISES, INC., d/b/a Triple a Irrigation, Appellant, v. James L. CATES, Ouida K. Cates, Fordeb Development Corporation, a Florida Corporation and al-Mar Pools, Inc., a Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

July 12, 1989.


Attorney(s) appearing for the Case

William J. Marell of Glickman, Witters and Marell, P.A., West Palm Beach, for appellant.

Philip M. Warren, Pompano Beach, for appellees, Cates.


POLEN, Judge.

During the trial of appellant's mechanic lien and contract actions, through the testimony of the first witness offered by appellant, the trial court reached the conclusion that the wrong entity had brought the cause of action. Thereupon, the trial court granted appellees' motion for involuntary dismissal, presumably under Florida Rule of Civil Procedure 1.420(b). We reverse.

The above cited rule which would allow for an involuntary dismissal...

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