Brickell Place Condominium Ass'n, Inc. v. American Design & Development Corp. of Miami

• Decision Date: 04 June 1985
• Docket Number: No. 84-2256,84-2256
• Court: Florida District Court of Appeals
• Parties: 10 Fla. L. Weekly 1370 BRICKELL PLACE CONDOMINIUM ASSOCIATION, INC., f/k/a Brickell Place Association, Appellant, v. AMERICAN DESIGN & DEVELOPMENT CORPORATION OF MIAMI and Cheezem Development Corporation, Appellees.

Page 74

470 So.2d 74 10 Fla. L. Weekly 1370 BRICKELL PLACE CONDOMINIUM ASSOCIATION, INC., f/k/a Brickell Place Association, Appellant,
v.
AMERICAN DESIGN & DEVELOPMENT CORPORATION OF MIAMI and Cheezem Development Corporation, Appellees. No. 84-2256. District Court of Appeal of Florida,
Third District. June 4, 1985.

Page 75

Hyman & Kaplan and Michael L. Hyman, Miami, for appellant.

Wright & Caruana and George Wright, Jr., Miami, for appellees.

Before NESBITT and DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

Our earlier affirmance on rehearing of the trial court's dismissal of the plaintiff's complaint, ¹ see Brickell Place Association v. Cheezem Development Corp., 452 So.2d 1002 (Fla. 3d DCA 1984) (on rehearing), brought to an end the trial court's jurisdiction to consider the plaintiff's motion to amend the complaint. See Mackin v. Applestein, 404 So.2d 789 (Fla. 3d DCA 1981); Marans v. Stang, 124 So.2d 891 (Fla. 3d DCA 1960). Accordingly, the trial court's order denying the plaintiff's motion to amend its complaint, being eminently correct, is

Affirmed.

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1 A panel of this court initially reversed the trial court's order of dismissal, see Brickell Place Association v. Cheezem...