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ATKINS v. TOPP TELECOM, INC.

No. 4D03-315.

873 So.2d 397 (2004)

B. Martin ATKINS, Appellant, v. TOPP TELECOM, INC., n/k/a Tracfone Wireless, Inc., Topp Comm, Inc., Frederick J. Pollack, and David Topp, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 3, 2004.

Attorney(s) appearing for the Case

J. Ken Johnson, George M. Fleming, Andres C. Pereira of Fleming & Associates, L.L.P., Mike O'Brien of Mike O'Brien, P.C., Houston, Texas; E. Cole Fitzgerald, III, and Gregory D. Cook of Fitzgerald, Hawkins, Mayans & Cook, P.A., West Palm Beach; for appellant.

Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., J. Michael Burman and Gregory W. Coleman of Burman, Critton, Luttier & Coleman, West Palm Beach; for appellees.

POLEN, J.

This appeal arises from a final order dismissing four counts of an amended complaint with prejudice. For the reasons expressed below, we hold that the dismissal was in error and reverse the final order.

The appellant filed a complaint based on an alleged joint venture that existed between Atkins and Topp Telecom, Inc. After his first two complaints were dismissed, in his third amended complaint, Atkins alleged a joint venture. The third amended complaint...

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