Third District Court of Appeal
State of Florida
Opinion filed January 27, 2021.
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No. 3D20-717
Lower Tribunal No. 17-29422
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Adrian Santos,
Appellant,
vs.
City of Miami, etc., et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Mavel Ruiz,
Judge.
The Cunill Law Firm, P.A., and Andrea S. Cunill, for appellant.
Victoria Méndez, City Attorney, and John A. Greco, Deputy City
Attorney, for appellees.
Before FERNANDEZ, SCALES, and HENDON, JJ.
ON CONFESSION OF ERROR
PER CURIAM.
Adrian Santos appeals the trial court’s Order Granting Defendant’s
Motion to Dismiss, Denying Plaintiff’s Motion for rehearing and Final
Judgment. Santos’ original complaint alleged three counts against the City
of Miami and Armando Aguilar, Jr. (collectively “The City”). The original
complaint was dismissed without prejudice and Santos was allowed 30 days
to file an amended complaint, which he timely filed. The City filed a motion
to dismiss the amended complaint and, without conducting a hearing, the
trial court entered the order presently on appeal; however, the order is
directed to the original complaint and not the amended complaint.
In its answer brief the City commendably confesses error and requests
that we reverse and remand for the trial court to consider its motion to
dismiss the amended complaint, and we do so now.
Reversed and remanded for further proceedings.
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