CHEMICAL REALTY CORP. v. FLAGLER CTR. BLDG.

No. 79-1967.

388 So.2d 601 (1980)

CHEMICAL REALTY CORPORATION, a New York Corporation, Appellant, v. FLAGLER CENTER BUILDING LOAN CORP., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 20, 1980.


Attorney(s) appearing for the Case

Greenberg, Traurig, Hoffman, Lipoff, Quentel & Wolff and David L. Ross and Sue M. Cobb, Miami, for appellant.

Sibley, Giblin, Levenson & Glaser and Allen J. Smith, Miami, for appellee.

Before HUBBART, NESBITT and PEARSON, DANIEL, JJ.


PER CURIAM.

The order under review which dismissed the instant foreclosure action without prejudice on an abatement theory is reversed and the cause is remanded to the trial court with directions to reinstate said action upon a holding that: (a) it is improper for a trial court to dismiss an action on an abatement theory as a dismissal of such an action [either with or without prejudice] does not constitute an abatement thereof, Birnholz v. Steisel,

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