Ligan v. Zayre Corp.

District Court of Appeal of Florida

Ligan v. Zayre Corp.

511 So. 2d 404, 12 Fla. L. Weekly 1874, 1987 Fla. App. LEXIS 9697

CourtDistrict Court of Appeal of Florida

DecidedAugust 4, 1987

DocketNos. 86-965, 86-1854 and 86-1855

StatusPublished

Cited by2 cases

This text of 511 So. 2d 404 (Ligan v. Zayre Corp.) 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.

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Ligan v. Zayre Corp., 511 So. 2d 404, 12 Fla. L. Weekly 1874, 1987 Fla. App. LEXIS 9697 (Fla. Ct. App. 1987).

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Opinion

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.

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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.

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Bluebook (online)

511 So. 2d 404, 12 Fla. L. Weekly 1874, 1987 Fla. App. LEXIS 9697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ligan-v-zayre-corp-fladistctapp-1987.

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