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TAPPER v. TAUNTON

No. MM-53.

371 So.2d 595 (1979)

George G. TAPPER, Appellant, v. David L. TAUNTON, Appellee.

District Court of Appeal of Florida, First District.

June 8, 1979.

Attorney(s) appearing for the Case

Richard Smoak of Isler, Higby, Brown, Smoak & Watson, Panama City, and Robert M. Moore, Port St. Joe, for appellant.

Daniel S. Dearing, Tallahassee, for appellee.

PER CURIAM.

George Tapper appeals from a final order of dismissal for lack of prosecution. A dismissal for lack of prosecution is not an adjudication on the merits and does not bar subsequent action on the same subject matter, Hassenteufel v. Howard Johnson, Inc., of Florida, 53 So.2d 810 (Fla. 1951); thus the words "with prejudice" are surplusage and are hereby stricken from the final order.

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