Legal Opinion

McDaniel v. Onkey

District Court of Appeal of Florida

Decided November 17, 1982No. 82-48PublishedCited by 6 opinions

1Opinion of the Court

422 So.2d 70 (1982)

Woodson McDANIEL, Appellant,

v.

Richard ONKEY, Appellee.

No. 82-48.

District Court of Appeal of Florida, Second District.

November 17, 1982.

Hugh Sawyer, St. Petersburg, for appellant.

Jana V. Jay of Napier & Donovan, Naples, for appellee.

2Per curiam

We find no error in the order of the trial court dismissing this action for lack of prosecution under Florida Rule of Civil Procedure 1.420(e). Neither do we find any abuse of discretion in the order of the trial court denying the motion to vacate the order of dismissal or reinstate the action. However, the dismissal "with prejudice" was improper.

3Cases cited2 opinions

  1. Bair v. Palm Beach Newspapers, Inc.District Court of Appeal of Florida · 1980
  2. Tapper v. TauntonDistrict Court of Appeal of Florida · 1979

4Cited by6 opinions

  1. Hamilton v. Millnul AssociatesDistrict Court of Appeal of Florida · 1984
  2. Nektaredes v. SagoniasDistrict Court of Appeal of Florida · 1983
  3. Gold Coast Graphics, Inc. v. RachlineDistrict Court of Appeal of Florida · 1984
  4. Abu-Hamdeh ex rel. Abu-Hamdeh v. Romero-BolumenDistrict Court of Appeal of Florida · 2004
  5. Dubow v. AcreeDistrict Court of Appeal of Florida · 2014

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