INC v. Carey Baker, as Property Appraiser for Lake County, Florida, David Jordan, as Tax Collector for Lake County, Florida, et al., Appellees. (2024)

District Court of Appeal of Florida, Fifth District.

Lesbar Enterprises, INC., Appellant, v. Carey Baker, as Property Appraiser for Lake County, Florida, David Jordan, as Tax Collector for Lake County, Florida, et al., Appellees.

Case No. 5D23-2347

Decided: February 16, 2024

Loren M. Vasquez, and Phillip S. Smith, and Daniel J. Kersey, of Mclin Burnsed, Leesburg, for Appellant. Thomas J. Wilkes, Jr., and V. Nicholas Dancaescu, and Summer E. DeGel, of GrayRobinson, P.A., Orlando, for Carey Baker, as Property Appraiser for Lake County, Florida. Mark A. Brionez, of Brionez + Brionez, P.A., Tavares, for David Jordan, Tax Collector for Lake County, Florida. Randi E. Dincher, of Office of the Attorney General, Tallahassee, for Jim Zingale, Executive Director of the State of Florida Department of Revenue.

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.”).

Per Curiam.

Eisnaugle, Harris and Soud, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network