Ligan v. Zayre Corp.

Florida District Courts of Appeal
Ligan v. Zayre Corp., 511 So. 2d 404 (1987)
12 Fla. L. Weekly 1874; 1987 Fla. App. LEXIS 9697
Ferguson, Jorgenson, Nesbitt

Ligan v. Zayre Corp.

Opinion of the Court

PER CURIAM.

This is an appeal from an order of the trial court dismissing the appellant/plaintiff’s cause of action. At oral argument, counsel for the appellee/defendant urged this court to notice the record and file of the prior circuit court case involving the same issues and the same parties. We accept counsel's invitation and reverse. It is apparent that the trial court’s order of dismissal in the first case was entered as a sanction for failure to proceed and was not an adjudication on the merits. See Fla.R. Civ.P. 1.420(b).

Reversed and remanded for further proceedings.

Reference

Full Case Name
Reuben LIGAN v. ZAYRE CORPORATION
Cited By
2 cases
Status
Published