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EQUITABLE FIRE & MARINE INSURANCE COMPANY v. BRADFORD BLDRS., INC.

No. 64-472.

174 So.2d 44 (1965)

The EQUITABLE FIRE AND MARINE INSURANCE COMPANY, authorized to do business in the State of Florida, Appellant, v. BRADFORD BUILDERS, INC., a florida corporation, for the use and benefit of the Aetna Casualty & Surety Company, a Connecticut Corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied May 4, 1965.

Attorney(s) appearing for the Case

Reece & Murray, Miami, for appellant.

Blackwell, Walker & Gray and William F. Johnston, Miami, for appellee.

Before BARKDULL, C.J., and TILLMAN PEARSON and SWANN, JJ.

PER CURIAM.

This case turns on a question of whether a final order of dismissal entered under Rule 1.35(b), Florida Rules of Civil Procedure, 30 F.S.A., is res judicata. The order in question reads, in part, as follows:

* * * * * * "Under the circumstances, Plaintiff has failed to state a cause of action for declaratory decree and the cause should be dismissed under authority of Halpert v. Olesky, Fla., 65 So.2d 762<...

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