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Florida District Courts of Appeal, 1993

Arraiol v. Dooley

Arraiol v. Dooley
Florida District Courts of Appeal · Decided March 5, 1993 · Dauksch, Diamantes, Peterson
613 So. 2d 944; 1993 Fla. App. LEXIS 2908; 1993 WL 55956 (Southern Reporter, Second Series)

Arraiol v. Dooley

Opinion of the Court

PER CURIAM.

This is an appeal from an order dismissing a case for failure to prosecute timely. We affirm the substance of the order, Toney v. Freeman, 600 So.2d 1099 (Fla. 1992), but quash it to cause entry of a proper order dismissing the case “without prejudice.” Although the words “with prejudice” are not much more than surplusage they still have meaning to some. See Tap*945per v. Taunton, 371 So.2d 595 (Fla. 1st DCA 1979).

ORDER QUASHED; REMANDED.

DAUKSCH, PETERSON and DIAMANTES, JJ., concur.

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