Blain v. Blain

District Court of Appeal of Florida

Blain v. Blain

54 So. 3d 547, 2011 Fla. App. LEXIS 910, 2011 WL 294086

District Court of Appeal of Florida·Decided January 31, 2011·No. No. 3D11-111·Published·Cited by 1 cases

Opinion

PER CURIAM.

Denied. See Select Builders of Fla., Inc. v. Wong, 367 So.2d 1089, 1091 (Fla. 3d DCA 1979) (“[W]e find the court to be correct in striking the voluntary dismissal and reinstating the matter to prevent a fraud on the court.”); accord Tobkin v. State, 777 So.2d 1160, 1163-64 (Fla. 4th DCA 2001) (“Florida courts have determined that this right to dismiss [voluntarily] is almost absolute. An exception to [548] this absolute right arises where the party taking the voluntary dismissal perpetrates a fraud on the court.”) (citations omitted).

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PER CURIAM.

Denied. See Select Builders of Fla., Inc. v. Wong, 367 So.2d 1089, 1091 (Fla. 3d DCA 1979) (“[W]e find the court to be correct in striking the voluntary dismissal and reinstating the matter to prevent a fraud on the court.”); accord Tobkin v. State, 777 So.2d 1160, 1163-64 (Fla. 4th DCA 2001) (“Florida courts have determined that this right to dismiss [voluntarily] is almost absolute. An exception to [548] this absolute right arises where the party taking the voluntary dismissal perpetrates a fraud on the court.”) (citations omitted).

Blain v. Blain, 54 So. 3d 547, 2011 Fla. App. LEXIS 910, 2011 WL 294086 (Fla. Ct. App. 2011).

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Opinion

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