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SPS DEVELOPMENT CO., LLC v. DS ENTERPRISES

No. 4D06-3604.

970 So.2d 495 (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.

December 19, 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.

ON MOTION FOR CLARIFICATION

WARNER, J.

We grant clarification to correct a clerical error in the original opinion, withdraw our prior opinion and substitute the following in its place.

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...

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