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EYRIE LAND COMPANY v. MONCRIEF

No. 92-472.

610 So.2d 547 (1992)

EYRIE LAND COMPANY, etc., et al., Appellants, v. S. Kirby MONCRIEF, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 6, 1993.

Attorney(s) appearing for the Case

Margaret A. Wharton of Margaret A. Wharton, P.A., Oviedo, for appellants.

George B. Wallace of Moncrief, Reid & Wallace, P.A., for appellees S. Kirby Moncrief and Lynda Moncrief.

Bernard H. Dempsey, Jr. and Gary S. Salzman of Dempsey & Associates, P.A., Winter Park, for appellees Ann V. Belencak, Victor Pellarin, Libby Pellarin, Yvonne Sheline, Jack H. Stout, Judith Stout, Betty Ann Duda, Mary Lou Nash, Leon B. Rogers, Joyce O. Rogers, John R. Bolte, Marian M. Bolte, Michael C. Hynes, Robert D. Pellarin, Pamela M. Pellarin, Robert H. Rogers, Judy A. Rogers, individually and doing business as ELC Partnership, a/k/a E.L.C. Partnership.

COBB, Judge.

As to Count I of appellants' first amended complaint, we affirm the trial court's dismissal with prejudice. As to Count II, it appears that appellants have a potential cause of action for replevin but not for civil theft. Therefore, we reverse and remand to the trial court to allow appellants a reasonable time in which to amend their complaint to state a cause of action for replevin if they wish to seek that relief.

AFFIRMED in part, REVERSED...

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