COMMERCE LTD. PARTNERSHIP v. BRIGHTWAY BUILDER, INC.

No. 5D99-1667.

751 So.2d 1285 (2000)

COMMERCE LIMITED PARTNERSHIP # 9219 11, Appellant, v. BRIGHTWAY BUILDER, INC., etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

March 17, 2000.


Attorney(s) appearing for the Case

H. Gregory McNeill of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., Orlando, for Appellant.

Marcia K. Lippincott of Marcia K. Lippincott, P.A., Lake Mary, for Appellees.


DAUKSCH, J.

This is an appeal dismissing a complaint in a civil action. Because the dismissal was "with prejudice" and the appellant should have been given leave to amend, we vacate the order to allow appellant the opportunity to amend by attaching all relevant documents and such other amendments it may deem appropriate. We make no decision at this point on the legal sufficiency of the first complaint.

ORDER VACATED; REMANDED.

ANTOON, C.J., concurs...

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