BARNETT BANK OF ORLANDO/WINTER PARK, N.A., APPELLANT,
v.
FLORIDA FREE ENTERPRISES, INC., APPELLEE
BARNETT BANK OF ORLANDO/WINTER PARK, N.A., APPELLANT,
FLORIDA FREE ENTERPRISES, INC., APPELLEE
422 So. 2d 349
Florida District Court of Appeal, Second District (1982)
Negative Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We find no merit in appellant’s contention that the trial court erred in dismissing with prejudice its fourth amended complaint. Appellant, Barnett Bank of Orlando/Winter Park, N.A., in its complaint only sought foreclosure of a mortgage given by the appellee, Florida Free Enterprises, Inc., and did not allege a cause of action on the promissory note executed by the appellee on July 5, 1973. We accordingly affirm the trial court’s dismissal of the foreclosure action without prejudice to appellant’s filing an action on the promissory note.
SCHEB, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.
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Ridgewood Phosphate Corp. & Int'l Minerals & Chem. Corp. v. Perkins, 487 So. 2d 40 (Fla. 2d DCA 1986)…and its preparatory activities for that future use were insufficient to deny agricultural classification. Atlantic Richfield Co. v. Walden, 277 So. 2d 815 (Fla. 2d DCA), cert. denied, 284 So. 2d 217 (Fla.1973). See also The Glades, Inc. v. Colding, 422 So. 2d 349 (Fla. 2d DCA 1982); Fisher. Accordingly, we reverse and remand for proceedings consistent with this opinion. SCHOONOVER and SANDERLIN, JJ., concur.…
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