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PINELLAS COUNTY v. SOUTHWEST FLORIDA WATER

No. 97-767.

718 So.2d 873 (1998)

PINELLAS COUNTY, Florida, etc., Appellant, v. SOUTHWEST FLORIDA WATER MANAGEMENT, etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 14, 1998.

Attorney(s) appearing for the Case

Edward P. de la parte, Jr., David M. Caldervilla and Ronald A. Christaldi of de la Parte, Gilbert & Bales, P.A., Tampa, for Appellant.

Henry E. Valenzuela of Henry E. Valenzuela, P.A., Tampa, for Appellees Richard E. Martin, Gilliam M. Clarke & Peter M. Gottschalk.

Donald S. Hart, Jr., of Glenn Rasmussen & Fogerty, P.A., Tampa, for Appellee Eileen C. Hart.

Richard Candalora, Tampa, and John H. Pelzer of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for Appellees Coalition of Lake Associations, Inc., Gaye Townsend, J. Meredith Wester, Judith A. Williams and William J. Alexander.

James A. Robinson, III, and Sophia E. Langley, Brooksville, for Appellee Southwest Florida Water Management District.

DAUKSCH, Judge.

This is an appeal from an order and judgment dismissing a complaint for declaratory relief. Although we agree with the trial court that the complaint failed to plead sufficient legal and factual bases to invoke entitlement to declaratory relief, we have determined appellant should have been given leave to amend the complaint. Appellant has assured this court that it can plead sufficiently to allow the court to grant the declaratory relief, so it should...

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