Bedell v. Marshall

OPINION OF THE COURT

RAPP, J.

This is an appeal from an order granting a motion to dismiss. This *64case has previously been before this court and the Fourth District Court of Appeal.1

Upon remand to this circuit, the case was transferred to county court for a retrial. With the exception of omitting the claim for real estate commissions, Count I was identical to the original complaint. Bedell moved for leave to amend and base Count II, the claim for civil theft on Chapter 772, Florida Statutes (1987). The motion was granted.

In his “Motion to Dismiss Complaint,” Marshall represented that Bedell was…