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KERRY'S BROMELIAD NURSERY, INC. v. REILING

No. 89-2036.

561 So.2d 1305 (1990)

KERRY'S BROMELIAD NURSERY, INC., Appellant, v. Frederick E. REILING, Appellee.

District Court of Appeal of Florida, Third District.

May 29, 1990.

Attorney(s) appearing for the Case

Holland & Knight, Scott B. Newman, and Christopher N. Bellows, Miami, for appellant.

Shutts & Bowen, and Edmund T. Henry, III, Miami, for appellee.

Before HUBBART, BASKIN and GODERICH, JJ.

PER CURIAM.

This is an appeal by the plaintiff Kerry's Bromeliad Nursery, Inc. from a final order dismissing an amended count of a complaint sounding in negligence against the defendant Frederick E. Reiling. We reverse the final order under review based on the following briefly stated legal analysis.

First, the trial court abused its discretion in dismissing the subject amended count of the complaint on the stated ground that it was filed five days late [under...

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