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MONCO ENTERPRISES, INC. v. ZIEBART CORP.

No. 94-3723.

673 So.2d 491 (1996)

MONCO ENTERPRISES, INC.; Sheila N. Blackwell and Sheila Blackwell as Personal Representative of the Estate of Ferrell Blackwell, Appellants/Cross-Appellees, v. ZIEBART CORPORATION, William Beaver, Nancy McMath and Greg Long, Appellees/Cross-Appellants.

District Court of Appeal of Florida, First District.

Rehearing Denied June 4, 1996.

Attorney(s) appearing for the Case

James M. Wilson of Wilson, Harrell, & Smith, P.A., Pensacola, and Henry W. Tipton of Lozier, Tipton, Tipton & Thames, Pensacola, for Appellants/Cross-Appellees.

W.H.F. Wiltshire of Harrell, Wiltshire, P.A., Pensacola, for Appellees/Cross-Appellants.

PER CURIAM.

In this appeal, Monco Enterprises and the Blackwells, appellants, argue that the trial court erred by dismissing with prejudice four counts in their Fourth Amended Complaint. On cross-appeal appellees (Ziebart) assert that the court erred in denying a motion to dismiss the original complaint in the action below. Having considered the arguments in the briefs and heard oral argument in the cause, we reverse the dismissal of the complaint and remand for the...

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