Tapper v. Taunton, 371 So. 2d 595

PER CURIAM.

George Tapper appeals from a final order of dismissal for lack of prosecution. A dismissal for lack of prosecution is not an adjudication on the merits and does not bar subsequent action on the same subject matter, Hassenteufel v. Howard Johnson, Inc., of Florida, 53 So.2d 810 (Fla.1951); thus the words “with prejudice” are surplusage and are hereby stricken from the final order.

The action of the trial court is AFFIRMED in all other respects.

MILLS, Acting C. J., and ROBERT P. SMITH, Jr. and ERVIN, JJ., concur.

Case Details

Case Name: Tapper v. Taunton

Court Name: District Court of Appeal of Florida

Date Published: Jun 8, 1979

Citations: 371 So. 2d 595; 1979 Fla. App. LEXIS 15135; No. MM-53

Docket Number: No. MM-53

Court Abbreviation: Fla. Dist. Ct. App.