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DEANNA CONST. CO. v. SARASOTA ENTERTAINMENT CORP.

No. 89-02324.

563 So.2d 150 (1990)

DEANNA CONSTRUCTION CO., INC., Appellant, v. SARASOTA ENTERTAINMENT CORPORATION, a Florida Corporation, and RRE Enterprises, Inc., D/B/a SMP Limited and Sarakerk, Inc., D/B/a SMP Limited, a Florida Limited Partnership, and Sarasota Main Plaza, Inc., As General Partner of SMP Limited, Appellees.

District Court of Appeal of Florida, Second District.

June 1, 1990.

Attorney(s) appearing for the Case

W. Richard Thoreen, Bradenton, for appellant.

Douglas R. Bald of Fergeson, Skipper, Shaw, Keyser, Baron & Tirabassi, Sarasota, for appellees Sarasota Main Plaza, Inc., RRE Enterprises, Inc., and Sarakerk, Inc.

DANAHY, Judge.

The appellant (the contractor) challenges an order dismissing Counts II and III of the contractor's first amended complaint without leave to amend, for failure to state a cause of action. We affirm the dismissal of Count II but reverse the dismissal of Count III and remand for further proceedings with respect to Count III.

In assessing the propriety of an order dismissing counts of a complaint for...

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