Yinger v. Kasow

HORTON, Chief Judge.

The main question on appeal is whether or not a dismissal for lack of prosecution under § 45.19, Fla.Stat., F.S.A., constitutes an adjudication on the merits under Rule 1.35(b), Florida Rules of Civil Procedure, 30 F.S.A., so as.to render a subsequent action res judicata.

The plaintiff below appeals from a summary judgment in a personal injury action, wherein the trial judge granted summary judgment upon the theory that the defendant was entitled to a judgment as a matter of law as the result of a prior dismissal of said action for lack of prosecution under § 45.19, supra.…