TOLE ELECTRIC OF FLORIDA v. HARRIS

No. 83-281.

436 So.2d 985 (1983)

TOLE ELECTRIC OF FLORIDA, a Florida Corporation, Appellant, v. Mel HARRIS and Francine Harris, His Wife, and Lakeside Villas at Bonaventure, Inc., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 21, 1983.


Attorney(s) appearing for the Case

Richard W. Wasserman, Miami Beach, for appellant.

Daniel Mones, and Frank Marks, Miami, for appellee.

Before SCHWARTZ, C.J., and HUBBART and FERGUSON, JJ.


PER CURIAM.

There is no rule which prevents a plaintiff from taking a voluntary dismissal without prejudice pursuant to Florida Rule of Civil Procedure 1.420(a) in an action on a statutory lien. The fact that a contractor's affidavit was not filed in the voluntarily dismissed action is not "jurisdictionally fatal" to the filing of a new action on the same claim.

Reversed...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases