SPS DEVELOPMENT v. DS ENTERPRISES

No. 4D06-3604.

968 So.2d 63 (2007)

SPS DEVELOPMENT COMPANY, LLC, Appellant, v. DS ENTERPRISES OF the PALM BEACHES, INC., SBP of Jupiter, Ltd., Silvester Building Corp. and Dennis Silvester, Appellees.

District Court of Appeal of Florida, Fourth District.

October 31, 2007.


Attorney(s) appearing for the Case

Scott W. Zappolo of Watterson & Zappolo, P.A., Palm Beach Gardens, for appellant.

Kenneth N. Johnson, Stanley D. Klett, Jr. and John T. Mulhall, III of Rutherford Mulhall, P.A., Palm Beach Gardens, for appellee.


WARNER, J.

SPS Development Company, LLC, appeals the trial court's final order dismissing its complaint with prejudice. Because the dismissal was a sanction for failure to amend within the allotted time, and the order did not make express findings of sanctionable conduct, we reverse.

This appeal involves three circuit court cases. In the first case, a 2003 filing, appellee Silvester Development filed a complaint against SPS and another party alleging a breach...

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