Florida District Courts of Appeal, 1983

Tole Electric of Florida v. Harris

Tole Electric of Florida v. Harris
Florida District Courts of Appeal · Decided August 2, 1983 · Bart, Ferguson, Hub, Schwartz
436 So. 2d 985; 1983 Fla. App. LEXIS 22770 (Southern Reporter, Second Series)

Tole Electric of Florida v. Harris

Opinion of the Court

PER CURIAM.

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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