Adekunle v. State

Blue Supply Corporation appeals from an order dismissing its claims of fraud and fraud in the inducement against defendant, Carlos Novos, individually. As was the case in Bianco v. Palm Beach Newspapers, Inc., 381 So. 2d 371, 372 (Fla. 4th DCA 1980), "[t]he original dismissal of this complaint was not with prejudice and it could have been amended. Instead, the attorney for the appellant elected to stand on the complaint as written." This leaves us with "no choice but to consider it [the complaint] as presented to the trial court." Id. at 372. Because we agree with the trial courts conclusion that Blue Supplys claims fail to state a cause of action against Carlos Novos, individually, we affirm.