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)
Cases that cite this one
1 later published case cites this decision.
- State v. Jackson (Fla. Dist. Ct. App. 1983)
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
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.
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