Opinion

Tapper v. Taunton

1979 Fla. App. LEXIS 15135 · District Court of Appeal of Florida · Jun 8, 1979

Full text

George G. TAPPER v. David L. TAUNTON

PER CURIAM. George Tapper appeals from a final order of dismissal for lack of prosecution. A dismissal for lack of prosecution is not an adjudication on the merits and does not bar subsequent action on the same subject matter, Hassenteufel v. Howard Johnson, Inc., of Florida, 53 So.2d 810 (Fla.1951); thus the words “with prejudice” are surplusage and are hereby stricken from the final order. The action of the trial court is AFFIRMED in all other respects. MILLS, Acting C. J., and ROBERT P. SMITH, Jr. and ERVIN, JJ., concur.

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Metadata

Status: Published
Author
Judges: Ervin, Mills, Smith
Cluster ID: 7569382

Citations

1979 Fla. App. LEXIS 15135
371 So. 2d 595

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Parentheticals

"A dismissal for lack of prosecution is not an adjudication on the merits and does not bar subsequent action on the same subject matter . . . ."
Evans, Evans v. Gulf Landings Association, Inc.