WOODSON MCDANIEL, APPELLANT,

v.

RICHARD ONKEY, APPELLEE

Citator

Cited By

• Hamilton v. Millnul Assocs., 443 So. 2d 485 (Fla. 2d DCA 1984)
  …wed by a dismissal for lack of prosecution is without prejudice to refiling the suit. Recently this court found there was no authority for a dismissal with prejudice when the dismissal is based solely on the failure to prosecute. McDaniel v. Onkey, 422 So. 2d 70 (Fla. 2d DCA 1982). The parties agree that a dismissal under Florida Rule of Civil Procedure 1.420(e) for failure to prosecute does not constitute an adjudication on the merits. The parties also agree that when a party has voluntarily dismissed an…
• Nektaredes v. Sagonias, 432 So. 2d 769 (Fla. 2d DCA 1983)
  …part in activity of record during July 1981 which, in our view, constituted affirmative acts directed toward disposition of the case.1 In closing, we point out that a dismissal under Rule 1.420(e) is to be without prejudice. See McDaniel v. Onkey, 422 So. 2d 70 (Fla. 2d DCA 1982); Bair. Accordingly, we reverse and remand for further proceedings not inconsistent with this opinion. REVERSED and REMANDED. OTT, C.J., and RYDER, J., concur. . We note that an “order of court” within the one-year time period…
• Gold Coast Graphics, Inc. v. Rachline, 448 So. 2d 544 (Fla. 3d DCA 1984)
  …ice of taking a deposition constituted activity sufficient to preclude dismissal, Silverman [*545] v. Equifax Services, Inc., 420 So. 2d 928 (Fla. 3d DCA 1982); (b) a dismissal for failure to prosecute may not be “with prejudice,” McDaniel v. Onkey, 422 So. 2d 70 (Fla. 2d DCA 1982). Reversed.…

Authorities Cited

• Bair v. Palm Beach Newspapers, Inc., 387 So. 2d 517 (Fla. 4th DCA 1980)
• Tapper v. Taunton, 371 So. 2d 595 (Fla. 1st DCA 1979)
• Blincoe v. State, 371 So. 2d 595 (Fla. 1st DCA 1979)