EDWIN SMITH v. KELVIN KENARD SLATON ED SMITH CONSTRUCTION COMPANY INC ALETHEA LESLIE GADSON (2023)

District Court of Appeal of Florida, First District.

EDWIN L. SMITH, Appellant, v. KELVIN KENARD SLATON, individually, ED SMITH CONSTRUCTION COMPANY, INC., a Foreign Corporation, and ALETHEA LESLIE GADSON, individually, Appellees.

No. 1D22-0056

Decided: July 12, 2023

Clarence Harold Houston III and Steven L. Worley, Carr Allison, Jacksonville, for Appellant. Andrew A. Harris and Grace Mackey Streicher, Harris Appeals, P.A., Palm Beach Gardens; Stephen Reams, Smith, Currie & Hancock, LLP, Atlanta, GA; and Timothy C. Felice, Felice, Ehrlich & Naparstek, West Palm Beach, for Appellees.

AFFIRMED. See Retherford v. Kirkland, No. 1D22-1351, 2023 WL 3985000 (Fla. 1st DCA June 14, 2023) (concluding that the plain language of Florida Rule of Civil Procedure 1.140 bars a party from attempting to “cure” the omission and waiver of a Rule 1.1410(b) defense through the filing of an amended motion to dismiss).

PER CURIAM.

OSTERHAUS, C.J., and RAY and NORDBY, JJ., concur.

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