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613 So. 2d 944

Arraiol v. Dooley

District Court of Appeal of Florida · decided 1993-03-05

Relies on Toney v. Freeman · Blincoe v. State

Decided 1993-03-05

PER CURIAM.

¶1This is an appeal from an order dismissing a case for failure to prosecute timely. We affirm the substance of the order, Toney v. Freeman, 600 So.2d 1099 (Fla.1992), but quash it to cause entry of a proper order dismissing the case “without prejudice.” Although the words “with prejudice” are not much more than surplusage they still have meaning to some. See Tap*945per v. Taunton, 371 So.2d 595 (Fla. 1st DCA 1979).

¶2ORDER QUASHED; REMANDED.

DAUKSCH, PETERSON and DIAMANTES, JJ., concur.
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