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WINSELMANN v. REYNOLDS

No. 96-1201.

690 So.2d 1325 (1997)

Kurt WINSELMANN, Appellant, v. Angela REYNOLDS, individually and as Trustee; Shirley Weber, individually and as Trustee; Loretta Thompsen, a/k/a Loretta Thompson, individually and as Trustee; Robert Krieter; and The Marie M. Krieter Trust or The John Doe Trust, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 23, 1997.

Attorney(s) appearing for the Case

Peter M. Commette, Ft. Lauderdale, for appellant.

Riley & Knoerr, P.A. and Stephen J. Riley and Deborah Hall, Ft. Lauderdale, for appellee Robert Krieter.

Beckmeyer & Mulick and Karl Beckmeyer, Islamorada, for appellees Angela Reynolds, individually and as Trustee, Shirley Weber, individually and as Trustee and the Marie M. Krieter Trust.

Before SCHWARTZ, C.J., and GERSTEN and GREEN, JJ.

GREEN, Judge.

Kurt Winselmann, plaintiff below, appeals an order dismissing his amended complaint for trespass with prejudice for failure to state a cause of action. We agree with the court below that the allegations of the amended complaint cannot state a cause of action for trespass, but we reverse the dismissal with prejudice based upon our determination that the complaint may be amended to state an appropriate cause of action against the appellees.

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