Mercado v. Highlands County Title & Guaranty Land Co.

Florida District Courts of Appeal
Mercado v. Highlands County Title & Guaranty Land Co., 380 So. 2d 1202 (1980)
1980 Fla. App. LEXIS 15699
Campbell, Grimes, Hobson

Mercado v. Highlands County Title & Guaranty Land Co.

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.

Reference

Full Case Name
Arcadia MERCADO v. HIGHLANDS COUNTY TITLE AND GUARANTY LAND COMPANY and Insurance Company of North America
Cited By
1 case
Status
Published