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SACKETT v. SHAHID

No. 1D01-1328.

805 So.2d 1110 (2002)

James E. SACKETT and Frederick James Sackett, as foreign personal representative of the estate of Vivian Lucy Rainwater Sackett (deceased), Appellants, v. Ernest W. SHAHID, individually; E & M Land Investors, Ltd.; Margaret E. Shahid, individually; and Shoreline Realty of Destin, Inc., n/k/a Shahid, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, First District.

February 6, 2002.

Attorney(s) appearing for the Case

Gene D. Brown, Tallahassee, and John T. Brown, Fort Walton Beach, for appellants.

Steven B. Bauman of Smith, Grimsley, Bauman, Pinkerton, Petermann, Shaw & Grinsted, Fort Walton Beach, for appellees.

PER CURIAM.

Appellants argue on appeal that the trial court erroneously dismissed with prejudice their amended proceeding supplementary complaint on grounds that it had sought to raise claims beyond the scope of this court's remand in Sackett v. Shahid, 768 So.2d 452 (Fla. 1st DCA 2000). We agree.

Appellees conceded at oral argument that, although presented by appellants in their original proceeding supplementary complaint, the issues set forth in the...

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