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POOLE v. CITY OF PORT ORANGE

No. 5D09-1486.

33 So.3d 739 (2010)

Paul POOLE, Appellant, v. CITY OF PORT ORANGE and MHK of Volusia, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 23, 2010.

Attorney(s) appearing for the Case

Tanner Andrews, of Tanner Andrews, P.A., Deland, for Appellant.

C. Allen Watts and Michael J. Woods, of Cobb & Cole, Deland, for Appellee MHK of Volusia County, Inc.

Carolyn S. Ansay of Doran, Wolfe, Ansay & Kundid, Daytona Beach, for Appellee City of Port Orange.

EVANDER, J.

Poole appeals from an order dismissing his second amended complaint against the City of Port Orange (the "City") and MHK of Volusia County, Inc. ("MHK") with prejudice. We affirm the trial court's dismissal of Counts I, III, and IV without discussion, but find that Count II adequately alleged a cause of action against the City for failure to produce public records.

The standard of review for the dismissal of a complaint with prejudice is de...

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