Circuit Court for the Judicial Circuits of Florida July 11, 1990, Case No. AP 88-6146 AN (Bedell v. Marshall)

OPINION OF THE COURT

RAPP, J.

This is an appeal from an order granting a motion to dismiss. This *64case has previously been before this court and the Fourth District Court of Appeal.1

Upon remand to this circuit, the case was transferred to county court for a retrial. With the exception of omitting the claim for real estate commissions, Count I was identical to the original complaint.