R.H. HAMMOND, SR., APPELLANT,

v.

JACK E. JONES AND OLIVE S. JONES, APPELLEES

Citator

Cited By

• Wright v. Allen, 611 So. 2d 23 (Fla. 1st DCA 1992)
  …of Civil Procedure 1.420(e), as a sanction for the appellant’s failure to prosecute the action. However, such a dismissal under rule 1.420(e) must be without prejudice. See e.g., Kohly v. Wallach, 580 So. 2d 880 (Fla. 3d DCA 1991); Henson v. Whorf, 466 So. 2d 23 (Fla. 5th DCA 1985); see also, Bair v. Palm Beach Newspapers, Inc., 387 So. 2d 517 (Fla. 4th DCA 1980). Furthermore, the court’s earlier order which granted the appellant’s motion to set aside the notice of voluntary dismissal effectively reinstated…
• Durie v. Hanson, 691 So. 2d 485 (Fla. 5th DCA 1997)
  …VERSED. PETERSON, C.J., and GRIFFIN, J., concur. . We note that dismissals for lack of prosecution under Florida Rule of Civil Procedure 1.420(e) are to be without prejudice. See Wright v. Allen, 611 So. 2d 23 (Fla. 1st DCA 1992); Henson v. Whorf, 466 So. 2d 23 (Fla. 5th DCA 1985). . Several limited exceptions to this rule have evolved that are not applicable to the instant case. See, e.g., Miller v. Fortune Ins. Co., 484 So. 2d 1221, 1222-23 (Fla.1986) ("Rule 1.540(b) may be used to afford relief to all…
• Fantasy & Faux Inc. v. Kali Webb, 834 So. 2d 338 (Fla. 5th DCA 2003)
  …ks, and Jennifer Brooks, for failure to prosecute pursuant to Florida Rule of Civil Procedure 1.420(e). Such dismissals, argues Fantasy, do not constitute adjudications on the merits and must be entered without prejudice. See, e.g., Henson v. Whorf, 466 So. 2d 23 (Fla. 5th DCA 1985). While we agree with the proposition of law advanced by Fantasy, it is premature in regard to the defendant Webb because the order entered below merely states that her motion for involuntary dismissal is granted; no final adjud…

Authorities Cited

• Wassil v. Gilmour, 465 So. 2d 566 (Fla. 3d DCA 1985)