Mercado v. Highlands County Title & Guaranty Land Co.
This text of 380 So. 2d 1202 (Mercado v. Highlands County Title & Guaranty Land Co.) 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.
Opinion
The trial court properly dismissed this suit for lack of prosecution pursuant to the requirements of Rule 1.420(e) Fla.R.Civ.P. However, the judgment is hereby amended to reflect that the dismissal is without prejudice. Gibbs v. Trudeau, 283 So.2d 889 (Fla. 1st DCA 1973). If the statute of limitations has run, this can be raised as a defense to a subsequent suit. As amended, the judgment is affirmed.
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Cite This Page — Counsel Stack
380 So. 2d 1202, 1980 Fla. App. LEXIS 15699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mercado-v-highlands-county-title-guaranty-land-co-fladistctapp-1980.