SMITH v. ST. VIL

Nos. 97-2230, 97-3376.

714 So.2d 603 (1998)

Lee Roy SMITH, Appellant, v. Pierre M. ST. VIL, Transportation Casualty Insurance, and Earlston Roberts, Appellees.

District Court of Appeal of Florida, Fourth District.

July 15, 1998.


Attorney(s) appearing for the Case

Lee Roy Smith, Wewahitchka, appellant, pro se.

Sanford G. Jacobs, Ft. Lauderdale, for appellee Transportation Casualty Insurance.


KLEIN, Judge.

We consolidate these two appeals and affirm on all issues except the one involving the trial court having dismissed a complaint with prejudice when the dismissal should have been without prejudice.

Appellant filed this action for personal injuries resulting from an automobile accident and joined the defendant's insurer as a party. The insurer moved to dismiss under our non-joinder of insurers statute, section 627.4136, Florida Statutes (1992...

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