GEORGE G. TAPPER, APPELLANT,

v.

DAVID L. TAUNTON, APPELLEE

Citator

Cited By

• Gries Inv. Co. v. Chelton, 388 So. 2d 1281 (Fla. 3d DCA 1980)
  …int against Chelton was dismissed was not final since it contained no language indicating that the complaint was dismissed with prejudice. A dismissal need not be with prejudice to be a final order for appeal purposes. See, e. g., Tapper v. Taunton, 371 So. 2d 595 (Fla. 1st DCA 1979); National Carloading Corp. v. Gemini Transportation, Inc., 364 So. 2d 504 (Fla. 3d DCA 1978). While the dismissal here was, in fact, an adjudication on the merits, see Florida Rule of Civil Procedure 1.420(b),5 that fact, althoug…
• Hamm v. State, 403 So. 2d 1155 (Fla. 1st DCA 1981)
  …sue of restitution. The objection was overruled and the request was denied. The Commission later determined that the amount of restitution should include sums for damages to the victim’s house as well as for the stolen jewelry. In Blincoe v. State, 371 So. 2d 595 (Fla. 1st DCA 1979), this court addressed a situation similar to the one at bar. In Blincoe, as a condition of probation, restitution was ordered when the appellant was sentenced, without any prior notice that restitution was to be considered. We st…
• Woodson McDANIEL v. Onkey, 422 So. 2d 70 (Fla. 2d DCA 1982)
  …with prejudice” was improper. There is no authority for a dismissal with prejudice when such dismissal is based solely on the failure to prosecute. See Bair v. Palm Beach Newspapers, Inc., 387 So. 2d 517 (Fla. 4th DCA 1980), and Tapper v. Taunton, 371 So. 2d 595 (Fla. 1st DCA 1979). We therefore strike the words “with prejudice” [*71] from the order of dismissal. As so amended, we affirm the order of dismissal and the order refusing to vacate the dismissal or reinstate the action. OTT, C.J., and CAMPBELL…