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LONDON STREET FLORIST, INC. v. JOHN F. MERCEDE, LTD.

No. 88-3294.

555 So.2d 1286 (1990)

LONDON STREET FLORIST, INC., a Florida Corporation, Harvey Hennan, and Carolyn London, Jointly and Severally, Appellants, v. John F. MERCEDE, LTD., a Florida Limited Partnership, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 20, 1990.

Attorney(s) appearing for the Case

Randolph W. Adams, Fort Lauderdale, for appellants.

Russell S. Adler of Roderman, Spadaro & Karmin, Fort Lauderdale, for appellee.

PER CURIAM.

We affirm in part and reverse in part. We agree with appellant that the trial court erred in allowing the appellee, midway through the trial, to amend its complaint to add a claim under an earlier lease not sued on in the complaint being tried. We reject the other asserted claims of error. We remand with directions that further proceedings be conducted to delete from the damages awarded any claim under the earlier lease. The trial court may, as it determines...

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