Tole Electric of Florida v. Harris
Tole Electric of Florida v. Harris
436 So. 2d 985; 1983 Fla. App. LEXIS 22770
(Southern Reporter, Second Series)
Tole Electric of Florida v. Harris
Opinion of the Court
There is no rule which prevents a plaintiff from taking a voluntary dismissal without prejudice pursuant to Florida Rule of Civil Procedure 1.420(a) in an action on a statutory lien. The fact that a contractor’s affidavit was not filed in the voluntarily dismissed action is not “jurisdictionally fatal” to the filing of a new action on the same claim.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.