UNITED AIR LEASING CORPORATION, MICHAEL A. GOLDBERG AND SANFORD P. BURNSTEIN, APPELLANTS,
v.
F.A. CONNER, APPELLEE
UNITED AIR LEASING CORPORATION, MICHAEL A. GOLDBERG AND SANFORD P. BURNSTEIN, APPELLANTS,
F.A. CONNER, APPELLEE
446 So. 2d 1143
Florida District Court of Appeal, Third District (1984)
Negative Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
Affirmed. Strawgate v. Turner, 339 So. 2d 1112 (Fla.1976); First National Bank of the Upper Keys v. Caribe Equipment Corp., 378 So. 2d 19 (Fla. 3d DCA 1979), cert. denied, 388 So. 2d 1112 (Fla.1980).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hamrick v. State, 519 So. 2d 81 (Fla. 3d DCA 1988)…uch a right may be the subject of a valid waiver. Certainly if it is impermissible, both by statute, § 55.05, Fla.Stat. (1985), and judicially determined public policy, see Carroll v. Gore, 106 Fla. 582, 143 So. 633 (1932); Pettijohn v. Dade County, 446 So. 2d 1143 (Fla. 3d DCA 1984), for the borrower to execute a cognovit note precluding the right to contest the entry of a judgment against him if he does not pay, he may not agree in advance to being imprisoned for the same reason. In making this determination…
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Southwinds Riding Acad. & Wynell Sebree v. Schneider, 507 So. 2d 782 (Fla. 3d DCA 1987)…ted in accordance with this rule ... from orders granting or denying dismissal for lack of prosecution.” . Since a dismissal for lack of prosecution is not an adjudication on the merits and thus has no res judicata effect, Pettijohn v. Dade County, 446 So. 2d 1143 (Fla. 3d DCA 1984); Boeing Co. v. Merchant, 397 So. 2d 399 (Fla. 5th DCA 1981), the only justification for raising this point on a plenary appeal is that a dismissal would have effectively foreclosed the refiling of the action because of the running…
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Kohly v. Wallach, 580 So. 2d 880 (Fla. 3d DCA 1991)…is not an adjudication on the merits thereof. Such a dismissal, based solely upon the absence of record activity, cannot be entered with prejudice. See Hassenteufel v. Howard Johnson, Inc. of Fla., 52 So. 2d 810 (Fla.1951); Pettijohn v. Dade County, 446 So. 2d 1143 (Fla. 3d DCA 1984); Murphy White Dairy, Inc. v. Simmons, 405 So. 2d 298 (Fla. 4th DCA 1981). Accordingly, this cause must be remanded with directions to the trial court to modify its order of dismissal so as to delete the portion thereof that make…
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- Strawgate v. Dorothea Chase Turner, 339 So. 2d 1112 (Fla. 1976)
- First Nat'l Bank OF the Upper Keys v. Caribe Equip. Corp., 378 So. 2d 19 (Fla. 3d DCA 1979)