JAMES LAWRENCE SMITH, APPELLANT,
v.
PEARLINE J. SMITH, APPELLEE
JAMES LAWRENCE SMITH, APPELLANT,
PEARLINE J. SMITH, APPELLEE
431 So. 2d 726
Florida District Court of Appeal, Third District (1983)
Opinion of the Court
PER CURIAM.
The trial court dismissed with prejudice a counterclaim to modify a foreign judgment which was the subject matter of a proceedings to domesticate.
Pending the domestication of the foreign judgment, it would have been appropriate for the trial judge to either abate proceedings on the counterclaim to modify or to dismiss it without prejudice. Sackler v. Sackler, 47 So. 2d 292 (Fla.1950); Smith v. Smith, 197 So. 2d 16 (Fla. 3d DCA 1967); Fischbach v. Fischbach, 112 So. 2d 880 (Fla. 3d DCA 1959).
It should not have been dismissed with prejudice and we therefore modify the order of dismissal by striking “with prejudice” and inserting in lieu thereof, “without prejudice”.
Affirmed as modified.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Smith v. Farrell M. Smith, 197 So. 2d 16 (Fla. 3d DCA 1967)
- Hyman I. Fischbach v. Fischbach, 112 So. 2d 880 (Fla. 3d DCA 1959)