Legal Opinion

Solano v. City of Hialeah

District Court of Appeal of Florida

Decided April 2, 1991No. 90-1133Published

1Per curiam

Alfred Solano, Ramon Ruiz, Tammy Cabrera, Mercedes Cabrera, and Ramon Cabrera appeal orders dismissing their complaints. We reverse.

The trial court dismissed appellants’ complaints without prejudice as sanctions for discovery violations. Because the statute of limitations had run, the orders effect a dismissal with prejudice. Anthony v. Schmitt, 557 So.2d 656, 662 (Fla. 2d DCA), jurisdiction accepted, 568 So.2d 435 (Fla.1990); McMillian v. Department of Corrections, 506 So.2d 1171 n. 1 (Fla. 3d DCA 1987); cf. Sekot Laboratories, Inc. v. Gleason, 15 F.L.W. 1701, 1702 note * (Fla. 3d DCA 1990)…

2Cases cited6 opinions

  1. Anthony v. SchmittDistrict Court of Appeal of Florida · 1990
  2. CANTERA EX REL. CANTERA v. Dist. Court of Appeal, Third Dist.Supreme Court of Florida · 1990
  3. Capital Bank v. KnuckDistrict Court of Appeal of Florida · 1989
  4. Kleinschmidt v. GATOR OFFICE SUPPLY AND FURNITURE, INC.District Court of Appeal of Florida · 1989
  5. McMillian v. State, Department of CorrectionsDistrict Court of Appeal of Florida · 1987

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