LBMP HOLDINGS LLC AJK LLC v. BIARRITZ GH LLC JHMB LLC (2018)

District Court of Appeal of Florida, Third District.

LBMP HOLDINGS, LLC, and AJK 21st Street, LLC, Appellants, v. BIARRITZ GH, LLC, and JHMB, LLC, Appellees.

No. 3D16–2433

Decided: January 24, 2018

Before SUAREZ, LAGOA and SALTER, JJ.

The Alderman Law Firm and Jason R. Alderman, and Troy A. Tolentino; Alonso Appeals and Cristina Alonso (Pembroke Pines); Broad and Cassel and Christina Lehm and Beverly A. Pohl (Fort Lauderdale) and Amy Steele Donner and Mark F. Raymond, for appellants. Kluger, Kaplan, Silverman, Katzen & Levine, and Alan J. Kluger and Josh M. Rubens; Samson Appellate Law and Daniel M. Samson, for appellees.

On Concession of Error

Based on the appellees' proper and commendable concession of error, the circuit court order dismissing the appellants' counterclaim with prejudice is reversed. Dismissal was error because the appellants were not duly noticed or provided with an opportunity to be heard. This case is remanded for further proceedings, including consideration of any motion by appellants to amend the counterclaim, should the appellants so move.

Reversed and remanded for further proceedings.

PER CURIAM.

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