Millsaps v. Orlando Wrecker, Inc.

W. SHARP, Judge.

Millsaps appeals from an order dismissing his ease against Orlando Wrecker, Inc., James Seamon, Mike Seamon, Ron Lynch and unknown others, for failure to join an indispensable party. Hearings were held on the issue of whether the IRS was an indispensable party, but no transcripts were furnished to us. We must therefore affirm on that ground, but we disagree that this cause should have been dismissed with prejudice because there was no adjudication on the merits.

The record reflects that Millsaps filed suit against Orlando Wrecker, Inc., and others claiming damages for trespass…