Tapper v. Taunton, MM-53
| Decision Date | 08 June 1979 |
| Docket Number | No. MM-53,MM-53 |
| Citation | 371 So.2d 595 |
| Parties | George G. TAPPER, Appellant, v. David L. TAUNTON, Appellee. |
| Court | Florida District Court of Appeals |
Richard Smoak of Isler, Higby, Brown, Smoak & Watson, Panama City, and Robert M. Moore, Port St. Joe, for appellant.
Daniel S. Dearing, Tallahassee, for appellee.
George Tapper appeals from a final order of dismissal for lack of prosecution. A dismissal for lack of prosecution is not an adjudication on the merits and does not bar subsequent action on the same subject matter, Hassenteufel v. Howard Johnson, Inc., of Florida, 53 So.2d 810 (Fla.1951); thus the words "with prejudice" are surplusage and are hereby stricken from the final order.
The action of the trial court is AFFIRMED in all other respects.
To continue reading
Request your trial
5 cases
-
Gries Inv. Co. v. Chelton
...dismissed with prejudice. A dismissal need not be with prejudice to be a final order for appeal purposes. See, e. g., Tapper v. Taunton, 371 So.2d 595 (Fla. 1st DCA 1979); National Carloading Corp. v. Gemini Transportation, Inc., 364 So.2d 504 (Fla. 3d DCA 1978). While the dismissal here wa......
-
McDaniel v. Onkey, 82-48
...solely on the failure to prosecute. See Bair v. Palm Beach Newspapers, Inc., 387 So.2d 517 (Fla. 4th DCA 1980), and Tapper v. Taunton, 371 So.2d 595 (Fla. 1st DCA 1979). We therefore strike the words "with from the order of dismissal. As so amended, we affirm the order of dismissal and the ......
- Blincoe v. State, MM-205
- Milton v. State, AW-319
Request a trial to view additional results