McCaughan Mortgage Co. v. American National Bank

SCHWARTZ, Chief Judge.

Because the plaintiffs-mortgagors had previously taken a voluntary dismissal of an identical action brought in Illinois — claiming that the defendant had extracted excessive payments in “servicing” their mortgages— the order of dismissal under review, entered upon their motion “for a non-suit without prejudice,” acted as an adjudication on the *1100merits. Pla.R.Civ.P. 1.420(a)(1); Tinsley v. McDonald, 378 So.2d 816 (Fla. 3d DCA 1979). We therefore agree with the appellant’s position that the order of dismissal should have been “with” rather than without prejudice. The trial…