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492 So. 2d 1046

492 So.2d 1046

11 Fla.L.Weekly 288

Watson v. Anderson

Supreme Court of Florida

Decided June 26, 1986

Supreme Court of Florida · decided 1986-06-26

Cited by 2 later decisions — most recently June 2011

2 state decisions

Relies on 484 So. 2d 1221 - Miller v. Fortune Ins. Co. · Shampaine Industries, Inc. v. South Broward Hosp. Dist. · 463 So. 2d 445 - Bender v. First Fidelity Sav. & Loan Ass'n

Good law ✅— No negative treatment on recordhow we know

Decided 1986-06-26

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BARKETT, Justice.

¶1We have for review Anderson v. Watson, 475 So.2d 1315 (Fla. 2d DCA 1985), because it directly and expressly conflicts with Bender v. First Fidelity Savings and Loan Association, 463 So.2d 445 (Fla. 4th DCA 1985), and Shampaine Industries, Inc. v. South Broward Hospital District, 411 So.2d 364 (Fla. 4th DCA 1982). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

¶2In deciding the instant case, the Second District relied on its opinion in Miller v. Fortune Insurance Co., 453 So.2d 489 (Fla. 2d DCA 1984), and held that after a party dismisses an action “with prejudice,” the trial court no longer has jurisdiction to correct the dismissal by expunging the words “with prejudice,” even if the mistak*1047en use of the words resulted from excusable neglect. We have recently quashed the district court decision in Miller v. Fortune Insurance Co., 484 So.2d 1221 (Fla.1986). Accordingly, we quash the decision below and remand this cause for reconsideration in light of our opinion in Miller.

¶3It is so ordered.

BOYD, C.J., and ADKINS, McDONALD, EHRLICH and SHAW, JJ., concur.
OVERTON, J.,

¶4dissents for the reasons stated in Miller v. Fortune Insurance Co., 484 So.2d 1221, 1225 (Fla.1986).

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