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

  1. State v. JacksonDistrict Court of Appeal of Florida · 1983