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LBMP HOLDINGS, LLC v. BIARRITZ GH, LLC, 237 So.3d 1138 (2018)

Court: Court of Appeals of Florida Number: inflco20180124162 Visitors: 11
Filed: Jan. 24, 2018
Latest Update: Jan. 24, 2018
Summary: On Concession of Error PER CURIAM . 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, including consideration of any motion by appellants to amend the counterclaim, should the appellants so move. Reversed and remanded for furthe
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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, including consideration of any motion by appellants to amend the counterclaim, should the appellants so move.

Reversed and remanded for further proceedings.

Source:  Leagle

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