
    TOLE ELECTRIC OF FLORIDA, a Florida corporation, Appellant, v. Mel HARRIS and Francine Harris, his wife, and Lakeside Villas at Bonaventure, Inc., a Florida corporation, Appellee.
    No. 83-281.
    District Court of Appeal of Florida, Third District.
    Aug. 2, 1983.
    Rehearing Denied Sept. 21, 1983.
    Richard W. Wasserman, Miami Beach, for appellant.
    Daniel Mones, and Frank Marks, Miami, for appellee.
    Before SCHWARTZ, C.J., and HUB-BART 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.  