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NEU v. TURGEL

No. 85-296.

480 So.2d 216 (1985)

Howard M. NEU, Appellant, v. Judy TURGEL, Appellee.

District Court of Appeal of Florida, Third District.

December 24, 1985.

Attorney(s) appearing for the Case

Frank Wolland, North Miami, for appellant.

No appearance for appellee.

Before BARKDULL, HUBBART and FERGUSON, JJ.

FERGUSON, Judge.

The order dismissing plaintiff's complaint with prejudice for failure to timely amend is reversed on authority of Edward L. Nezelek, Inc. v. Sunbeam Television Corp., 413 So.2d 51 (Fla. 3d DCA), rev. denied, 424 So.2d 763 (Fla. 1982). Once a court has dismissed a complaint with leave to amend, it cannot subsequently dismiss with prejudice for failure to timely...

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