DUBUS v. McARTHUR

No. 96-1662.

682 So.2d 1246 (1996)

Sandra DUBUS and Gary Dubus, Wife and husband, Appellants, v. Ernest V. McARTHUR, Appellee.

District Court of Appeal of Florida, First District.

November 26, 1996.


Attorney(s) appearing for the Case

James F. McKenzie of McKenzie & Soloway, P.A., Pensacola, for Appellants.

David B. Pleat of Barth & Pleat, Destin, for Appellees.


VAN NORTWICK, Judge.

Sandra Dubus and her husband, Gary Dubus, appeal a final summary judgment granted to appellee, Ernest V. McArthur. We agree that the summary judgment was appropriate, but for the reasons explained below, we hold that summary judgment should have been granted with leave to appellants to amend their complaint. Thus, we affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.

Appellants filed a complaint...

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