SOUTHEAST MORTGAGE COMPANY, APPELLANT,
v.
DANIEL E. SINCLAIR AND_, HIS WIFE, IF HE BE MARRIED; DONNA K. SINCLAIR AND _, HER HUSBAND, IF SHE BE MARRIED; HARMONY HOMES OF LEE COUNTY, INC., A DISSOLVED FLORIDA CORPORATION; ALEX J. SANTUCCI; CLASSIC HOMES, INC. OF LEE COUNTY, A DISSOLVED FLORIDA CORPORATION; SUNWEST REALTY DEVELOPMENT, INC., A DISSOLVED FLORIDA CORPORATION, A/K/A SUNWEST DEVELOPMENT, INC.; R.J. CARLSON AND ASSOCIATES, INC., A FLORIDA CORPORATION; RONALD J. CARLSON; FRANCES W. CARLSON; HARMONY HOMES, INC., A FLORIDA CORPORATION; CARPET SPECIALTIES & INTERIORS; THOMAS F. FLYNN; JEFFREY S. MOORE AND STEPHANIE J. NASON-MOORE; C & S NATIONAL BANK OF FLORIDA F/K/A FIRST NATIONAL BANK IN FORT MYERS, A NATIONAL BANKING CORPORATION; WEST PUBLISHING COMPANY; UNITED STATES OF AMERICA, A SOVEREIGN GOVERNMENT; JOHN DOE AND JANE DOE, HIS WIFE OR HER HUSBAND, IF HE OR SHE BE MARRIED; ALL UNKNOWN PARTIES, CLAIMING BY, THROUGH, UNDER OR AGAINST ANY OF THE ABOVE-NAMED DEFENDANTS, WHETHER SAID UNKNOWN PARTIES CLAIM AS SPOUSES, HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, SUCCESSORS IN INTEREST, TRUSTEES OR OTHER CLAIMANTS, APPELLEES
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THREADGILL, Judge.
Southeast Mortgage Company appeals an order dismissing with prejudice its complaint to foreclose a mortgage on property owned by Daniel E. Sinclair and Donna Sinclair. The order was based on an order dismissing the same action for lack of prosecution in an earlier case. The trial court interpreted the earlier order as a dismissal with prejudice and thus res judicata as to the subsequent complaint. We reverse.
A dismissal for lack of prosecution does not result in a dismissal with prejudice and, hence, is not a bar to refiling the suit. Hamilton v. Millnul Associates, 443 So. 2d 485 (Fla. 2d DCA 1984). It is not an adjudication on the merits. Id. at 486.
We therefore reverse the order of dismissal and remand with directions that the appellant’s complaint be reinstated.
Reversed.
SCHOONOVER and HALL, JJ., concur.
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Moossun v. Orlando Reg'l Health Care, 826 So. 2d 945 (Fla. 2002)…process merely by a lawsuit’s lingering presence. Justice is served to no one by allowing lawsuits to remain dormant. Of course, it must be remembered that the dismissal under rule 1.420(e) is without prejudice. See Southeast Mrtg. Co. v. Sinclair, 632 So. 2d 677, 678 (Fla. 2d DCA 1994). Thus, the lawsuit may be refiled unless the suit has previously been dismissed or the statute of limitations has run.…1 / 2
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Doss v. Steger & Steger, P.A., 720 So. 2d 1137 (Fla. 4th DCA 1998)…e action for lack of prosecution and to enter such other orders as are consistent with this opinion. In so doing, we note that the parties’ claims may be refiled if the statutes of limitation have not yet run. See Southeast Mortgage Co. v. Sinclair, 632 So. 2d 677, 678 (Fla. 2d DCA 1994). REVERSED and REMANDED. GUNTHER, J., and BAKER, MOSES, Jr., Associate Judge, concur.…
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Dubow v. Danita Acree, 148 So. 3d 146 (Fla. 2d DCA 2014)…denying the motion to vacate and for rehearing. Nevertheless, the circuit court should not have dismissed the action -with prejudice. A dismissal for failure to prosecute under rule 1.420(e) is to be without prejudice. Se. Mortg. Co. v. Sinclair, 632 So. 2d 677, 678 (Fla. 2d DCA 1994); Nektaredes v. Sagonias, 432 So. 2d 769, 770 (Fla. 2d DCA 1983); McDaniel v. Onkey, 422 So. 2d 70, 70 (Fla. 2d DCA 1982). As we did in McDaniel, we strike the words “with prejudice” from the order dismissing the case. As so a…
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- Hamilton v. Millnul Assocs., 443 So. 2d 485 (Fla. 2d DCA 1984)