Legal Opinion
Tole Electric of Florida v. Harris
District Court of Appeal of Florida
Decided August 2, 1983No. 83-281PublishedCited by 1 opinion
1Per curiam
There is no rule which prevents a plaintiff from taking a voluntary dismissal without prejudice pursuant to Florida Rule of Civil Procedure 1.420(a) in an action on a statutory lien. The fact that a contractor’s affidavit was not filed in the voluntarily dismissed action is not “jurisdictionally fatal” to the filing of a new action on the same claim.
Reversed and remanded.
2Cited by1 opinion
- State v. JacksonDistrict Court of Appeal of Florida · 1983