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LBMP HOLDINGS, LLC v. BIARRITZ GH, LLC

No. 3D16-2433.

237 So.3d 1138 (2018)

LBMP HOLDINGS, LLC, and AJK 21st Street, LLC, Appellants, v. BIARRITZ GH, LLC, and JHMB, LLC, Appellees.

District Court of Appeal of Florida, Third District.

Opinion filed January 24, 2018.

Attorney(s) appearing for the Case

The Alderman Law Firm and Jason R. Alderman , and Troy A. Tolentino ; Alonso Appeals and Cristina Alonso (Pembroke Pines); Broad and Cassel and Christina Lehm and Beverly A. Pohl (Fort Lauderdale) and Amy Steele Donner and Mark F. Raymond , for appellants.

Kluger, Kaplan, Silverman, Katzen & Levine, and Alan J. Kluger and Josh M. Rubens ; Samson Appellate Law and Daniel M. Samson , for appellees.

Before SUAREZ, LAGOA and SALTER, JJ.

On Concession of Error

Based on the appellees' proper and commendable concession of error, the circuit court order dismissing the appellants' counterclaim with prejudice is reversed. Dismissal was error because the appellants were not duly noticed or provided with an opportunity to be heard. This case is remanded for further proceedings...

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