Arraiol v. Dooley

District Court of Appeal of Florida

Arraiol v. Dooley

613 So. 2d 944, 1993 Fla. App. LEXIS 2908, 1993 WL 55956

CourtDistrict Court of Appeal of Florida

DecidedMarch 5, 1993

DocketNo. 92-1272

StatusPublished

This text of 613 So. 2d 944 (Arraiol v. Dooley) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Arraiol v. Dooley, 613 So. 2d 944, 1993 Fla. App. LEXIS 2908, 1993 WL 55956 (Fla. Ct. App. 1993).

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Opinion

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[945]*945per v. Taunton, 371 So.2d 595 (Fla. 1st DCA 1979).

ORDER QUASHED; REMANDED.

DAUKSCH, PETERSON and DIAMANTES, JJ., concur.

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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[945]*945per v. Taunton, 371 So.2d 595 (Fla. 1st DCA 1979).

ORDER QUASHED; REMANDED.

DAUKSCH, PETERSON and DIAMANTES, JJ., concur.

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613 So. 2d 944, 1993 Fla. App. LEXIS 2908, 1993 WL 55956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arraiol-v-dooley-fladistctapp-1993.

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