TIMOTHY DUANE ALTERS AND JOAN SCHMITT ALTERS, HIS WIFE, APPELLANTS,
v.
H.W. HENDERSON CONSTRUCTION CO., A FLORIDA CORPORATION AND WATSON REALTY CORPORATION AND BRENDA JOY CAMPBELL, INDIVIDUALLY, APPELLEES

Fla. 1st DCA | 1986-06-04
No. BI-200
SHIVERS and ZEHMER, JJ., concur.
489 So. 2d 840 Florida District Court of Appeal, First District (1986) Positive Treatment
Cited by 3 cases
Opinion of the Court
BARFIELD, Judge.

BARFIELD, Judge.

The trial court dismissed appellants’ nine-count second amended complaint against Henderson Construction, Watson Realty and Campbell. Eight of those counts fail to state a legal cause of action and violate the pleading rules of the Rules of Civil Procedure. Count I does manage to recite the elements of a breach of contract cause of action. However, that count also violates Fla.R.Civ.P. 1.110(b). Appellants’ counsel foreclosed his opportunity to further amend this complaint by requesting a dismissal with prejudice, if the court dismissed the complaint.

Accordingly, the order dismissing all counts of the complaint is AFFIRMED.

SHIVERS and ZEHMER, JJ., concur.

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