Thomas v. Winn-Dixie Stores, Inc.

District Court of Appeal of Florida

Thomas v. Winn-Dixie Stores, Inc.

379 So. 2d 419, 1980 Fla. App. LEXIS 15489

CourtDistrict Court of Appeal of Florida

DecidedJanuary 30, 1980

DocketNo. 77-618

StatusPublished

This text of 379 So. 2d 419 (Thomas v. Winn-Dixie Stores, Inc.) 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

Thomas v. Winn-Dixie Stores, Inc., 379 So. 2d 419, 1980 Fla. App. LEXIS 15489 (Fla. Ct. App. 1980).

Pincite

Opinion

PER CURIAM.

Appellant’s cause was dismissed with prejudice for lack of prosecution. In view of her explanation that no pleadings were filed for over a year because “ . . .it was felt that settlement might be forthcoming,” the dismissal was proper. Leeks v. Dolling, 350 So.2d 10 (Fla. 4th DCA 1977), cert. denied, 357 So.2d 185 (Fla.1978), Steisel v. Birnholz, 313 So.2d 125 (Fla. 3d DCA 1975), cert. denied, 330 So.2d 14 (Fla.1976). However, the designation “with prejudice,” was in error, Spolter Electrical Supplies, Inc. v. Kalb, 275 So.2d 594 (Fla. 4th DCA 1973), and accordingly the clause “and with prejudice to the plaintiff,” is deleted and the judgment as modified is affirmed.

DOWNEY, C. J., and LETTS and HURLEY, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellant’s cause was dismissed with prejudice for lack of prosecution. In view of her explanation that no pleadings were filed for over a year because “ . . .it was felt that settlement might be forthcoming,” the dismissal was proper. Leeks v. Dolling, 350 So.2d 10 (Fla. 4th DCA 1977), cert. denied, 357 So.2d 185 (Fla.1978), Steisel v. Birnholz, 313 So.2d 125 (Fla. 3d DCA 1975), cert. denied, 330 So.2d 14 (Fla.1976). However, the designation “with prejudice,” was in error, Spolter Electrical Supplies, Inc. v. Kalb, 275 So.2d 594 (Fla. 4th DCA 1973), and accordingly the clause “and with prejudice to the plaintiff,” is deleted and the judgment as modified is affirmed.

DOWNEY, C. J., and LETTS and HURLEY, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

379 So. 2d 419, 1980 Fla. App. LEXIS 15489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-winn-dixie-stores-inc-fladistctapp-1980.

Opinion

Related

Cite This Page — Counsel Stack