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GREEN ACRES v. FIRST UNION NAT. BANK

No. 93-0759.

637 So.2d 363 (1994)

GREEN ACRES, INC. and Lake Worth Road Corporation, Appellants, v. FIRST UNION NATIONAL BANK OF FLORIDA, James L. McInerney, Trust Officer; Charles Lantz, Trust Officer; Henry D. Perry, Jr., Margarette W. Perry, Annabel Perry and Thomas C. Perry, Appellees.

District Court of Appeal of Florida, Fourth District.

June 1, 1994.

Attorney(s) appearing for the Case

Paul E. Gifford of the Law Office of Paul E. Gifford, Ft. Lauderdale, for appellant — Green Acres, Inc.

Morris G. (Skip) Miller and J. Kory Parkhurst of Boose Casey Ciklin Lubitz Martens McBane and O'Connell, West Palm Beach, for appellant — Lake Worth Road Corp.

Paula Revene and John R. Hargrove of Heinrich Gordon Batchelder Hargrove & Weihe, Fort Lauderdale, for appellees — First Union Nat. Bank of Florida and McInerney.

Steven A. Mason, Hollywood, for appellees — Perry.

PARIENTE, Judge.

We reverse a dismissal with prejudice of a complaint brought by appellants (purchasers) against appellees (sellers) arising out of a commercial real estate transaction. We find that the court acted prematurely by not giving purchasers a second chance to amend the complaint to state a cause of action.

The transaction involved sixty-three acres of undeveloped commercial property in Miramar, Florida which the purchasers intended to develop as...

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