Tole Electric of Florida v. Harris
This text of 436 So. 2d 985 (Tole Electric of Florida v. Harris) 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
There is no rule which prevents a plaintiff from taking a voluntary dismissal without prejudice pursuant to Florida Rule of Civil Procedure 1.420(a) in an action on a statutory lien. The fact that a contractor’s affidavit was not filed in the voluntarily dismissed action is not “jurisdictionally fatal” to the filing of a new action on the same claim.
Reversed and remanded.
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Cite This Page — Counsel Stack
436 So. 2d 985, 1983 Fla. App. LEXIS 22770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tole-electric-of-florida-v-harris-fladistctapp-1983.