Minnehoma Automobile Ass'n v. Bill Seidle's Nissan, Inc.

We affirm the summary judgment without prejudice to Minnehoma Automobile Association, Inc., to amend its pleadings to name the real party in interest and to establish that party’s actual damages. See Allen v. Port Everglades Authority, 553 So.2d 1341 (Fla. 4th DCA 1989); Gulotty v. Estate of Wilkie, 532 So.2d 1335 (Fla. 3d DCA 1988); Forte v. Tripp & Skrip, 339 So.2d 698 (Fla. 3d DCA 1976).

Our decision does not conflict with the holding of the Florida Supreme Court in Dober v. Worrell, 401 So.2d 1322 (Fla.1981) (appellate court not permitted to rule on merits of trial court judgment and then…