Florida Department of Revenue ex rel. A.L. v. S.B.
District Court of Appeal of Florida
1Opinion of the Court
LaROSE, Judge.
The Department of Revenue seeks reversal of a trial court order dismissing with prejudice, for failure to join an indispensable party, its initial petition to establish paternity, child support, and for the award of other relief. The indispensable party was the child’s legal father. The Department argues that because the dismissal was for a procedural error, not on the merits, the trial court should have dismissed the petition without prejudice. We agree and reverse. See Fla. R. App. P. 9.030(b)(1)(A).
Dismissal with prejudice is a severe sanction. See Obenschain v. Williams, 750…
2Cases cited5 opinions
- Kapley v. BorchersDistrict Court of Appeal of Florida · 1998
- Obenschain v. WilliamsDistrict Court of Appeal of Florida · 2000
- Fulmer v. Northern Central BankDistrict Court of Appeal of Florida · 1980
- In re C.T.D.District Court of Appeal of Florida · 1993
- Millsaps v. Orlando Wrecker, Inc.District Court of Appeal of Florida · 1994
3Cited by1 opinion
- GREATER MIAMI EXPRESSWAY AGENCY v. MIAMI-DADE COUNTY EXPRESSWAY AUTHORITYDistrict Court of Appeal of Florida · 2023