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Tapper v. Taunton

George G. TAPPER v. David L. TAUNTON

Tapper v. Taunton, 371 So. 2d 595 (Fla. Dist. Ct. App. 1979)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
June 8, 1979
Docket
No. MM-53
Judges
Ervin, Mills, Smith
Citations
371 So. 2d 5951979 Fla. App. LEXIS 15135
Cited by 5 1 descriptions by later courts

Opinion of the Court

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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.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 5 cases

View all citing references →
1980: 21982: 11993: 12024: 119802026peak 1980 · 2

Relies on it most ⓘ

  1. Evans, Evans v. Gulf Landings Association, Inc.No. 2D2022-3709 (Fla. Dist. Ct. App. Oct. 25, 2024)
  2. Gries Inv. Co. v. Chelton388 So. 2d 1281 (Fla. Dist. Ct. App. 1980)
  3. McDaniel v. Onkey422 So. 2d 70 (Fla. Dist. Ct. App. 1982)
  4. El Mundo Supermarket, Inc. v. Michelsa Supermarket, Inc.388 So. 2d 324 (Fla. Dist. Ct. App. 1980)
  5. Arraiol v. Dooley613 So. 2d 944 (Fla. Dist. Ct. App. 1993)

Most recent

  1. Evans, Evans v. Gulf Landings Association, Inc.No. 2D2022-3709 (Fla. Dist. Ct. App. Oct. 25, 2024)
  2. Arraiol v. Dooley613 So. 2d 944 (Fla. Dist. Ct. App. 1993)
  3. McDaniel v. Onkey422 So. 2d 70 (Fla. Dist. Ct. App. 1982)
  4. Gries Inv. Co. v. Chelton388 So. 2d 1281 (Fla. Dist. Ct. App. 1980)
  5. El Mundo Supermarket, Inc. v. Michelsa Supermarket, Inc.388 So. 2d 324 (Fla. Dist. Ct. App. 1980)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Blanton v. State, 53 So. 2d 810 (Ala. Ct. App. 1951) 2

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