YINGER v. KASOW

No. 60-111.

123 So.2d 758 (1960)

George F. YINGER, Appellant, v. Abraham KASOW and Rose Kasow, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied November 16, 1960.


Attorney(s) appearing for the Case

Nichols, Gaither, Green, Frates & Beckham and Sam Daniels, Miami, for appellant.

French & Skolnick, Miami, for appellees.


HORTON, Chief Judge.

The main question on appeal is whether or not a dismissal for lack of prosecution under § 45.19, Fla. Stat., F.S.A., constitutes an adjudication on the merits under Rule 1.35(b), Florida Rules of Civil Procedure, 30 F.S.A., so as to render a subsequent action res judicata.

The plaintiff below appeals from a summary judgment in a personal injury action, wherein the trial judge granted summary judgment upon the theory that the defendant...

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