Hubbell v. Martin

Opinion

Third District Court of Appeal State of Florida

Opinion filed June 7, 2017.

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No. 3D16-1463 Lower Tribunal No. 10-27754 ________________

William H. Hubbell, Appellant,

vs.

Victoria Martin, Appellee.

An appeal from the Circuit Court for Miami-Dade County, Barbara Areces, Judge.

Jay M. Levy, P.A. and Jay M. Levy, for appellant.

Elliot L. Miller, for appellee.

Before SUAREZ, C.J., and LAGOA and SCALES, JJ.

ON MOTION FOR CLARIFICATION

PER CURIAM.

We grant appellant’s motion for clarification, withdraw our prior opinion

filed April 12, 2017, and substitute the following in its place. We affirm the dismissal of the matter below but, pursuant to the parties’

agreement, we remand solely for the trial court to strike the phrase “plaintiff shall

take nothing by his complaint against Victoria Martin who shall go hence without

further day” and to issue an Order that states simply: “ORDERS and ADJUDGES

that the said motion be and the same is herewith GRANTED and this cause is

dismissed without prejudice.”

Affirmed, remanded with instructions.