Mercado v. Highlands Cty. Title Co.

Full title: ARCADIA MERCADO, APPELLANT, v. HIGHLANDS COUNTY TITLE AND GUARANTY LAND…

Court: District Court of Appeal of Florida, Second District

Date published: Mar 14, 1980

380 So. 2d 1202 (Fla. Dist. Ct. App. 1980)

Opinion

No. 79-1001.

March 14, 1980.

Appeal from Circuit Court, Highlands County; Clifton M. Kelly, Judge.

William A. Seacrest of Harris Seacrest, P.A., Lakeland, for appellant.

Michael F. Tew, of Barr Murman, P.A., Tampa, for appellees.

PER CURIAM.

The trial court properly dismissed this suit for lack of prosecution pursuant to the requirements of Rule 1.420(e) Fla.R.Civ.P. However, the judgment is hereby amended to reflect that the dismissal is without prejudice. Gibbs v. Trudeau, 283 So.2d 889 (Fla. 1st DCA 1973). If the statute of limitations has run, this can be raised as a defense to a subsequent suit. As amended, the judgment is affirmed.

GRIMES, C.J., and HOBSON and CAMPBELL, JJ., concur.