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SPOLTER ELECTRICAL SUPPLIES, INC. v. KALB

No. 72-873.

275 So.2d 594 (1973)

SPOLTER ELECTRICAL SUPPLIES, INC., a Florida Corporation, Appellant, v. Walter A. KALB, D/B/a Kalb Electric, Appellee.

District Court of Appeal of Florida, Fourth District.

April 9, 1973.

Attorney(s) appearing for the Case

Albert L. Weintraub, Miami, for appellant.

Norman S. Klein of Schwartz & Klein, North Miami Beach, for appellee.

OWEN, Judge.

Appellant seeks review of a final judgment dismissing its complaint with prejudice, the trial court having concluded that the dismissal of a prior suit between the same parties on the same cause of action under Rule 1.420(e), RCP, 30 F.S.A. was an adjudication upon the merits which barred the instant suit.

This was error. A dismissal of an action for failure to prosecute pursuant to the provisions of Rule 1.420(e), RCP does not amount to an adjudication...

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