McCAUGHAN MORTG. v. AM. NAT. BANK

No. 93-2064.

634 So.2d 1099 (1994)

McCAUGHAN MORTGAGE COMPANY, INC., Appellant, v. AMERICAN NATIONAL BANK, as Trustee of Trust # 75957; Sheldon Kogen; Jerry Kogen; and Howard Kogen, Appellees.

District Court of Appeal of Florida, Third District.

March 22, 1994.


Attorney(s) appearing for the Case

William P. McCaughan, Miami, for appellant.

Charles M. Baird, Miami, Lawrence Walner and Julie Murphy, Edelman & Combs and Daniel Edelman, Chicago, IL, for appellees.

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


SCHWARTZ, Chief Judge.

Because the plaintiffs-mortgagors had previously taken a voluntary dismissal of an identical action brought in Illinois — claiming that the defendant had extracted excessive payments in "servicing" their mortgages — the order of dismissal under review, entered upon their motion "for a non-suit without prejudice," acted as an adjudication on the merits. Fla.R.Civ.P. 1.420(a)(1); Tinsley...

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