DEEN, Judge.
Kenneth Garcia filed a complaint against Timothy McCarthy claiming damages in the amount of $200,000 based on malicious prosecution. Defendant McCarthy filed, in addition to his answer, a motion to dismiss the claim, and later on December 20, 1973, filed interrogatories and request for admission of facts. On January 3, 1974, the case was dismissed "with prejudice" for failure to prosecute. On February 1, 1974, the trial court after argument amended its...
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