TOLE ELECTRIC OF FLORIDA v. HARRIS, 436 So.2d 985 (Fla.App. 3 Dist. 1983)

No. 83-281.District Court of Appeal of Florida, Third District.
August 2, 1983. Rehearing Denied September 21, 1983.

Appeal from the Circuit Court, Dade County, John Gale, J.

Richard W. Wasserman, Miami Beach, for appellant.

Daniel Mones, and Frank Marks, Miami, for appellee.

Before SCHWARTZ, C.J., and HUBBART and FERGUSON, JJ.

PER CURIAM.

There is no rule which prevents a plaintiff from taking a voluntary dismissal without prejudice pursuant to Florida Rule of Civil Procedure 1.420(a) in an action on a statutory lien. The fact that a contractor’s affidavit was not filed in the voluntarily dismissed action is not “jurisdictionally fatal” to the filing of a new action on the same claim.

Reversed and remanded.