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ARRAIOL v. DOOLEY

No. 92-1272.

613 So.2d 944 (1993)

Jose ARRAIOL and Maria H. Arraiol, His Wife, Appellants, v. William French DOOLEY, Appellee.

District Court of Appeal of Florida, Fifth District.

March 5, 1993.

Attorney(s) appearing for the Case

Leon M. Boyajan, II, of Leon M. Boyajan, P.A., Inverness, for appellants.

Brenda J. Newman of Sanders, McEwan, Martinez, Luff & Dukes, P.A., Orlando, for appellee.

PER CURIAM.

This is an appeal from an order dismissing a case for failure to prosecute timely. We affirm the substance of the order, Toney v. Freeman, 600 So.2d 1099 (Fla. 1992), but quash it to cause entry of a proper order dismissing the case "without prejudice." Although the words "with prejudice" are not much more than surplusage they still have meaning to some. See Tapper

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