Tapper v. Taunton

Florida District Courts of Appeal
Tapper v. Taunton, 371 So. 2d 595 (1979)
1979 Fla. App. LEXIS 15135
Ervin, Mills, Smith

Tapper v. Taunton

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.

Reference

Full Case Name
George G. TAPPER v. David L. TAUNTON
Cited By
5 cases
Status
Published