LESBAR ENTERPRISES, INC.
v.
CAREY BAKER, AS PROPERTY APPRAISER FOR LAKE COUNTY, FLORIDA, DAVID JORDAN, AS TAX COLLECTOR FOR LAKE

Fla. 5th DCA | 2024-02-16
No. 2023-2347
2024 FL 1678 Florida District Court of Appeal, Fifth District (2024)


Opinion of the Court

PER CURIAM.

AFFIRMED. See Orlando Bar Grp., LLC v. DeSantis, 339 So. 3d 487, 494 (Fla. 5th DCA 2022), review denied, No. SC22-881, 2022 WL 6979346 (Fla. Oct. 12, 2022), and cert. denied, 143 S. Ct. 980 (2023) (“Appellants correctly argue that plaintiffs typically have the ability to amend their complaint as a matter of right once prior to an answer being filed. See Boca Burger, Inc. v. Forum, 912 So. 2d 561, 567 (Fla. 2005). However, Appellants did not move for leave to amend, did not file a proposed amended complaint, and appealed rather than moving for rehearing on the dismissal being with prejudice.”); Vorbeck v. Betancourt, 107 So. 3d 1142, 1148 (Fla. 3d DCA 2012) (“It is now well settled that the rule of preservation applies to the improper dismissal of a complaint with prejudice.”).

EISNAUGLE, HARRIS and SOUD, JJ., concur. _____________________________


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