Ambassador Insurance Co. v. Hull Co.

Full title: AMBASSADOR INSURANCE COMPANY, APPELLANT, v. HULL AND COMPANY, A FLORIDA…

Court: District Court of Appeal of Florida, Third District

Date published: May 19, 1981

399 So. 2d 38 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-1824.

May 19, 1981.

Appeal from Circuit Court, Dade County; Thomas A. Testa, Judge.

Lanza, Sevier Womack and Mel Lamelas, Coral Gables, for appellant.

Dolan, Fertig Curtis and Luke S. Brown and David Boone, Ft. Lauderdale, for appellee.

Before SCHWARTZ and FERGUSON, JJ., and EZELL, BOYCE F., Jr., (Ret.), Associate Judge.

PER CURIAM.

The order of the circuit court dismissing appellant's third-party complaint for failure to prosecute is affirmed, with directions to the lower court to modify its order so as not to be a dismissal "with prejudice."

Affirmed in part, reversed in part, and remanded.