Legal Opinion
Innovative Material Systems, Inc. v. Santa Rosa Utilities, Inc.
District Court of Appeal of Florida
Decided December 21, 1998No. 98-671PublishedCited by 1 opinion
1Opinion of the CourtWebster, J.
Appellant seeks review of a non-final order denying leave to amend and dismissing with prejudice one count of a multi-count eom-pláint. The dismissed count sought replevin of a dredge and related equipment. We have jurisdiction. Fla. R.App. P. 9.130(a)(3)(C)(ii). See Midway Mfg. Co. v. Family Fun Corp., 668 So.2d 327 (Fla. 4th DCA 1996).
The trial court dismissed the replevin count, and subsequently refused to permit appellant to amend it, because it was “of the opinion that the remedy of replevin ... [wa]s mutually exclusive of the other causes of action” asserted in the complaint. This was…
2Cases cited4 opinions
- Bill Williams Air Conditioning & Heating, Inc. v. Haymarket Co-Op. BankDistrict Court of Appeal of Florida · 1991
- Monco of Orlando v. ITT INDUS. CREDITDistrict Court of Appeal of Florida · 1984
- Smith v. FRANK GRIFFIN VOLKSWAGENDistrict Court of Appeal of Florida · 1994
- Midway Manufacturing Co. v. Family Fun Corp.District Court of Appeal of Florida · 1996
3Cited by1 opinion
- Brady v. SCI FUNERAL SERVICES OF FLORIDADistrict Court of Appeal of Florida · 2007