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MAY v. MIAMI TRANSFER CO. INC.

No. 98-1035.

719 So.2d 1034 (1998)

James MAY, Appellant, v. MIAMI TRANSFER COMPANY, INC., Appellee.

District Court of Appeal of Florida, Third District.

November 4, 1998.

Attorney(s) appearing for the Case

Flaster Koppel & Bates and Lawrence Michael Flaster, Plantation, for appellant.

Parenti, Falk & Waas, P.A., and Gail Leverett Parenti, Miami, for appellee.

Before JORGENSON, SHEVIN and SORONDO, JJ.

PER CURIAM.

James May, plaintiff below, appeals from an order of final summary judgment. Upon the appellee's correct and commendable confession of error, we reverse. See JFK Medical Ctr. v. Price, 647 So.2d 833 (Fla.1994) (holding that the voluntary dismissal, with prejudice, of an active tortfeasor is not the equivalent of an adjudication on the merits that would bar further litigation against the passive tortfeasor).

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