LBMP Holdings, LLC v. Biarritz GH, LLC, 237 So. 3d 1138 (2018)

Jan. 24, 2018 · District Court of Appeal of Florida, Third District · No. 3D16–2433
237 So. 3d 1138

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

No. 3D16-2433

District Court of Appeal of Florida, Third District.

Opinion filed January 24, 2018.

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.

Before SUAREZ, LAGOA and SALTER, JJ.

On Concession of Error

PER CURIAM.

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.