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PER CURIAM. The trial judge correctly concluded that the second amended complaint fails to state a cause of action. However appellants have satisfied us that if given the opportunity they could plead sufficient ultimate facts to support a proper cause of action. Therefore we reverse the trial court’s order of dismissal with prejudice and remand this cause with instructions to permit appellants to file a third amended complaint.
REVERSED and REMANDED.
DOWNEY, DELL and WALDEN, JJ., concur.
Document Info
Docket Number: No. 4-86-2974
Citation Numbers: 516 So. 2d 102, 12 Fla. L. Weekly 2767, 1987 Fla. App. LEXIS 11418, 1987 WL 2272
Judges: Dell, Downey, Walden
Filed Date: 12/9/1987
Precedential Status: Precedential
Modified Date: 10/18/2024