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DULA v. LEEBER

No. 97-01500.

707 So.2d 757 (1998)

Fred P. DULA, Appellant, v. Robert B. LEEBER and Donald K. Ross, Individually and as Trustees of R & L Development, Inc. of Marco, a dissolved Florida corporation, Donald K. Ross, Individually and as Trustee of First International Realty Group, Inc., f/k/a R & L Realty, Inc., a dissolved Florida corporation, Nationsbank of Florida, f/k/a The Citizens and Southern National Bank of Florida and Jeffrey Fehr and Steve T. Kennedy, Individually and d/b/a All County Appraisal and Consulting, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 5, 1998.

Attorney(s) appearing for the Case

John Charles Heekin, Port Charlotte, for Appellant.

Louis X. Amato and Patricia A. King of Louis X. Amato, P.A., Naples, for Appellees Leeber and Ross.

Vanessa Negron Cohn, John Bianco and Michael S. Taylor of Cohn, Cohn & Singer, P.A., Tampa, for Appellee NationsBank of Florida.

W. Cort Frohlich of Wilkins, Frohlich, Jones, Hevia, Russell and Sutter, P.A., Port Charlotte, for Appellees Fehr and Kennedy.

FRANK, Judge.

Fred P. Dula has appealed the dismissal of his fifth amended complaint. We find no error in the dismissal with prejudice, with the exception that the dismissal is not effective as to defendants Jeffrey Fehr and Steve T. Kennedy. The trial court had previously held that a prior amended complaint stated a cause of action against those defendants, and they had answered.

Dismissal with prejudice affirmed...

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