Winn-Dixie Stores, Inc. v. Deroy

District Court of Appeal of Florida

Winn-Dixie Stores, Inc. v. Deroy

501 So. 2d 739, 12 Fla. L. Weekly 437, 1987 Fla. App. LEXIS 6574

CourtDistrict Court of Appeal of Florida

DecidedFebruary 3, 1987

DocketNos. 86-1583, 86-1711

StatusPublished

This text of 501 So. 2d 739 (Winn-Dixie Stores, Inc. v. Deroy) 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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Winn-Dixie Stores, Inc. v. Deroy, 501 So. 2d 739, 12 Fla. L. Weekly 437, 1987 Fla. App. LEXIS 6574 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

The trial court properly dismissed this action without prejudice once it determined that the action for malicious prosecution had not accrued and, while it was entirely unnecessary, properly granted to the plaintiff the right to refile the action. See Cazares v. Church of Scientology, 444 So.2d 442, 449 (Fla. 5th DCA 1983). It was nonetheless error to make findings of fact in the same order because those findings may preclude the parties from fairly litigating the matter in the refiled action. For this reason, the findings of fact embraced in paragraph 2 are stricken.

Affirmed as modified.

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PER CURIAM.

The trial court properly dismissed this action without prejudice once it determined that the action for malicious prosecution had not accrued and, while it was entirely unnecessary, properly granted to the plaintiff the right to refile the action. See Cazares v. Church of Scientology, 444 So.2d 442, 449 (Fla. 5th DCA 1983). It was nonetheless error to make findings of fact in the same order because those findings may preclude the parties from fairly litigating the matter in the refiled action. For this reason, the findings of fact embraced in paragraph 2 are stricken.

Affirmed as modified.

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501 So. 2d 739, 12 Fla. L. Weekly 437, 1987 Fla. App. LEXIS 6574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winn-dixie-stores-inc-v-deroy-fladistctapp-1987.

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