JAMES CARL SMITH, APPELLANT,
v.
UNITED STATES FIDELITY & GUARANTY CO., ET AL., APPELLEES
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PER CURIAM.
This is an interlocutory appeal to review a summary judgment entered in favor of appellees Allstate Insurance Company and Mercy Paine Greaves on the ground that the depositions and written interrogatories revealed that the plaintiff had not achieved medical expenses of $1,000.00 as required by the Florida Automobile Reparation Reform Act and on the further ground that plaintiff adduced no evidence that he suffered any disability as a result of this particular collision. We find no error in the entry of the summary judgment reviewed herein except that the same was entered with prejudice.
In Lasky v. State Farm Insurance Company, 296 So. 2d 9 (Fla.1974) the court indicated, at page 23, that where the record below fails to show that the plaintiff has exceeded the “threshold” requirements of § 627.737(2) F.S.A., a dismissal should be without prejudice to a plaintiff’s right to later file the action should he thereafter achieve the “threshold” amount, subject, of course, to the statute of limitations.
Accordingly, the summary judgment reviewed herein is reversed with directions that the same be reentered without prejudice in accordance with the foregoing.
RAWLS, C. J., and SPECTOR and JOHNSON, JJ., concur.
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Paul B. Faulkner et ux. v. Allstate Ins. Co., 367 So. 2d 214 (Fla. 1979)…ERG, JJ., concur. . The decision of the Second District Court of Appeals directly conflicts with Kluger v. White, 281 So. 2d 1 (Fla.1973), Allstate Insurance Co. v. Ruiz, 305 So. 2d 275 (Fla. 3rd DCA 1974), Smith v. U. S. Fidelity and Guaranty Co., 305 So. 2d 216 (Fla. 1st DCA 1974), Tucker v. Walker, 335 So. 2d 636 (Fla. 2nd DCA 1976), and Johnson v. Liberty Mutual Insurance Co., 297 So. 2d 858 (Fla. 4th DCA 1974). Jurisdiction vests pursuant to Art. V, Sec. 3(b)(3), Florida Constitution. . The trial court…
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Graff v. McNEIL, 322 So. 2d 40 (Fla. 1st DCA 1975)…udice to the filing of a new action should evidence of permanent injuries appear within the limitation period or should appellant Graff otherwise acquire a right of action under § 627.737(2), F.S.1973. Smith v. United States Fidelity & Guaranty Co., 305 So. 2d 216 (Fla.App. 1st, 1974); Lasky v. State Farm Ins. Co. 296 So. 2d 9 (Fla.1974). And I would affirm the judgment as amended. Cf. Gulf Power Co. v. Stack, 296 So. 2d 572 (Fla. App.1st, 1974).…
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Tucker v. Walker, 335 So. 2d 636 (Fla. 2d DCA 1976)…On appeal, the Supreme Court held such dismissal should have been without prejudice, otherwise, Lasky would be barred from any recovery despite his subsequent qualification to sue. See also Smith v. U. S. Fidelity and Guaranty Co., Fla.App.1st 1974, 305 So. 2d 216. But unlike in Lasky and Smith, supra, here the plaintiff claimed to have met the thresholds of permanency and medical expenses, but those issues were resolved against him by the jury.2 The judgment entered herein does not bar the plaintiffs from b…
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- Washington v. State, 296 So. 2d 9 (Fla. 1974)
- Lasky v. State Farm Ins. Co., 296 So. 2d 9 (Fla. 1974)