Tole Electric of Florida v. Harris
Florida District Courts of Appeal
Tole Electric of Florida v. Harris, 436 So. 2d 985 (1983)
1983 Fla. App. LEXIS 22770
Bart, Ferguson, Hub, Schwartz
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.
Reference
- Full Case Name
- TOLE ELECTRIC OF FLORIDA, a Florida corporation v. Mel HARRIS and Francine Harris, his wife, and Lakeside Villas at Bonaventure, Inc., a Florida corporation
- Cited By
- 1 case
- Status
- Published