ORLANDO CENTRAL PARK, INC., APPELLANT,
v.
MASTER DOOR COMPANY OF ORLANDO, INC., A FLORIDA CORPORATION, AND BRODY CONSTRUCTION, INC., A FLORIDA CORPORATION, APPELLEES

Fla. 4th DCA | 1976-10-15
Nos. 75-2141 and 76-108
MAGER, C. J., and CROSS and DOW-NEY, JJ., concur.
338 So. 2d 259 Florida District Court of Appeal, Fourth District (1976)


Opinion of the Court
PER CURIAM.

PER CURIAM.

We consolidate for the purpose of review and disposition interlocutory appeals cases 75-2141 and 76-108.

Upon review of the record on appeal and briefs of the respective parties, we determine that the trial court erred in failing to grant appellant-defendant’s motion to dismiss appellee-plaintiff’s second amended complaint for it fails to state a cause of action sufficient to establish an equitable lien, or for the equity remedy of reformation. Accordingly, the order appealed in Case No. 75-2141 is reversed and the cause is remanded to the trial court with directions to dismiss appellee-plaintiff’s second amended complaint with prejudice. Case No. 76 — 108 is dismissed as rendered moot by the disposition of Case No. 75-2141.

Reversed and remanded, with directions.

MAGER, C. J., and CROSS and DOW-NEY, JJ., concur.


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