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MERCADO v. HIGHLANDS COUNTY TITLE AND GUARANTY LAND COMPANY

No. 79-1001.

380 So.2d 1202 (1980)

Arcadia MERCADO, Appellant, v. HIGHLANDS COUNTY TITLE AND GUARANTY LAND COMPANY and Insurance Company of North America, Appellees.

District Court of Appeal of Florida, Second District.

March 14, 1980.

Attorney(s) appearing for the Case

William A. Seacrest of Harris & Seacrest, P.A., Lakeland, for appellant.

Michael F. Tew, of Barr & Murman, P.A., Tampa, for appellees.

PER CURIAM.

The trial court properly dismissed this suit for lack of prosecution pursuant to the requirements of Rule 1.420(e) Fla.R.Civ.P. However, the judgment is hereby amended to reflect that the dismissal is without prejudice. Gibbs v. Trudeau, 283 So.2d 889 (Fla. 1st DCA 1973). If the statute of limitations has run, this can be raised as a defense to a subsequent suit. As amended, the judgment is affirmed.

GRIMES...

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