Florida District Courts of Appeal, 1979

Tapper v. Taunton

Florida District Courts of Appeal · Decided June 8, 1979 · Ervin, Mills, Smith

371 So. 2d 595; 1979 Fla. App. LEXIS 15135 (Southern Reporter, Second Series)

Cases that cite this one

5 later published cases cite this decision.

Evans, Evans v. Gulf Landings Association, Inc. (Fla. Dist. Ct. App. 2024)
Arraiol v. Dooley (Fla. Dist. Ct. App. 1993)
McDaniel v. Onkey (Fla. Dist. Ct. App. 1982)
Gries Inv. Co. v. Chelton (Fla. Dist. Ct. App. 1980)
El Mundo Supermarket, Inc. v. Michelsa Supermarket, Inc. (Fla. Dist. Ct. App. 1980)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.