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COMMERCE LIMITED PARTNERSHIP 9219 11 v. BRIGHTWAY BUILDER, INC., etc.
Opinions in this case
- Majority — Dauksch
- Concurrence — Sharp
DAUKSCH, J.
This is an appeal dismissing a complaint in a civil action. Because the dismissal was “with prejudice” and the appellant should have been given leave to amend, we vacate the order to allow appellant the opportunity to amend by attaching all relevant documents and such other amendments it may deem appropriate. We make no decision at this point on the legal sufficiency of the first complaint.
ORDER VACATED; REMANDED.
ANTOON, C.J., concurs.
W. SHARP, J., concurs specially with opinion.