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PBF OF FORT MYERS v. D & K PARTNERSHIP

No. 2D02-3591.

890 So.2d 384 (2004)

PBF OF FORT MYERS, INC., Appellant, v. D & K PARTNERSHIP and Richard and Alison Ross, Appellees.

District Court of Appeal of Florida, Second District.

December 22, 2004.

Attorney(s) appearing for the Case

John Charles Coleman, Fort Myers, for Appellant.

Jeffrey D. Kottkamp of Henderson, Franklin, Starnes & Holt, P.A., for Appellees, Richard E. Ross and Alison Ross.

Darrell Hill, Lehigh Acres, for Appellee, D & K Partnership.

FULMER, Judge.

PBF of Fort Myers, Inc., appeals from an order dismissing its counterclaim against the plaintiffs, Richard E. Ross, Alison D. Ross, and D & K Partnership (collectively referred to as the Rosses). The trial court dismissed the counterclaim because PBF had been administratively dissolved by the Florida Department of State for failure to file its annual report. We reverse because PBF was authorized by statute to pursue its counterclaim in order to...

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