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JOHNSTON v. LENOWITZ

No. 91-1668.

596 So.2d 793 (1992)

Newman JOHNSTON III and Phillip C. Asher, Appellants, v. Arthur LENOWITZ, Appellee.

District Court of Appeal of Florida, Fourth District.

April 8, 1992.

Attorney(s) appearing for the Case

Mark L. Nowak of Jacob and Associates, Boca Raton, for appellants.

Thomas M. Fitzgibbons, Sarasota, for appellee.

PER CURIAM.

Newman Johnston III and Phillip C. Asher appeal the trial court's order dismissing their first amended complaint with prejudice. The trial court dismissed the complaint on the ground that the same lawsuit had twice before been voluntarily dismissed. We reverse.

Arthur Lenowitz has been sued once in his corporate capacity for his obligations under a promissory note he executed on December 30, 1982, and three times, including this lawsuit, in his...

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