ARCADIA MERCADO, APPELLANT,
v.
HIGHLANDS COUNTY TITLE AND GUARANTY LAND COMPANY AND INSURANCE COMPANY OF NORTH AMERICA, APPELLEES
ARCADIA MERCADO, APPELLANT,
HIGHLANDS COUNTY TITLE AND GUARANTY LAND COMPANY AND INSURANCE COMPANY OF NORTH AMERICA, APPELLEES
380 So. 2d 1202
Florida District Court of Appeal, Second District (1980)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The trial court properly dismissed this suit for lack of prosecution pursuant to the requirements of Rule 1.420(e) Fla.R.Civ.P. However, the judgment is hereby amended to reflect that the dismissal is without prejudice. Gibbs v. Trudeau, 283 So. 2d 889 (Fla. 1st DCA 1973). If the statute of limitations has run, this can be raised as a defense to a subsequent suit. As amended, the judgment is affirmed.
GRIMES, C. J., and HOBSON and CAMPBELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sandor Kereszti v. Ricks R. Bishop, 462 So. 2d 508 (Fla. 3d DCA 1985)…ion to vacate probate for lack of prosecution cannot, as urged, change this result because a dismissal for lack of prosecution is a dismissal without prejudice and not a dismissal on the merits. Mercado v. Highlands County Title & Guaranty Land Co., 380 So. 2d 1202, 1202 (Fla. 2d DCA 1980); Gibbs v. Trudeau, 283 So. 2d 889, 890 (Fla. 1st DCA 1973). Finally, we have not overlooked the ap-pellees’ other arguments for sustaining the final order appealed from, but find them to be without merit. The amended final…
Authorities Cited
- Gibbs v. Trudeau, 283 So. 2d 889 (Fla. 1st DCA 1973)