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WACKENHUT CORP. v. EASTERN AIRLINES, INC.

No. 90-871.

581 So.2d 999 (1991)

The WACKENHUT CORPORATION, Appellant, v. EASTERN AIRLINES, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 1, 1991.

Attorney(s) appearing for the Case

Andrew J. Anthony, P.A., and Steven A. Pellingra, for appellant.

Barwick, Dillian & Lambert, P.A., Lyndall M. Lambert, Thomas E. Ice, for appellee.

Before HUBBART, NESBITT and JORGENSON, JJ.

PER CURIAM.

Wackenhut appeals from an order dismissing its counterclaim with prejudice.

We affirm the order of dismissal but hold that the dismissal should have been without prejudice to permit Wackenhut to exercise any rights it may have in a direct action against the real party in interest or against Eastern Airlines in a bankruptcy court. See Miller v. Greene, 104 So.2d 457 (Fla. 1958) (defendant should be given...

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