Preston, Inc. v. Eugene

This is an appeal of the final judgment obtained by appellees.

We reverse on the authority of Akins v. Hudson Pulp & Paper Co., 330 So.2d 757 (Fla. 1st DCA 1976), cert. denied, 344 So.2d 323 (Fla.1977), and remand with instructions to enter final summary judgment for appellant.

Appellees Wilfranc and Marie Eugene initially filed a circuit court complaint which alleged that appellant’s negligence caused Mr. Eugene to be injured on the job. Without prejudice, the trial court granted appellant’s motion to dismiss. Appellees did not amend the complaint or appeal the order of dismissal, but instead…