
    Harold HARMON and Florence Harmon, his wife, Josephine Kenin, Carol Langer, Philip Opper and Sadie Opper, his wife, Joanne B. Erde, Susan Flynn, Maxine Shinefield, Leonard Wein, and Leonard Wein, Jr., Appellants, v. Alan I. WEISELBERG, Stanley Kuperstein, Orthodontic Smile Center, Inc., a California Corporation and Capital Bank, a National Banking Association, Appellees.
    No. 92-1547.
    District Court of Appeal of Florida, Third District.
    March 23, 1993.
    Gilbride, Heller & Brown and Dyanne E. Feinberg, Miami, for appellants.
    Ferrell, Cardenas, Fertel & Morales and Alan Fertel, Miami, for appellees.
    Before BARKDULL, JORGENSON and GODERICH, JJ.
   PER CURIAM.

Counsel having conceded during oral argument that the dismissal as to Capital Bank should have been “without” prejudice, instead of “with” prejudice, said order of dismissal under review be and the same is hereby so amended to read “without” prejudice. The trial court shall fix a time within which the plaintiff should file an amended complaint.

Affirmed as amended, with directions.  