KAC 2021-1, LLC, Stokes v. San Marci Apts., Yoss Prashkovsky, LLC

• Court: District Court of Appeal of Florida
• Decided: July 10, 2024
• Docket: 2023-0810
• Status: Published

Opinion

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

KAC 2021-1, LLC, as assignee of KANESHA STOKES, Appellant,

v.

YOSS PRASHKOVSKY, LLC d/b/a SAN MARCO I APTS, Appellee.

No. 4D2023-0810

[July 10, 2024]

Appeal from the County Court for the Seventeenth Judicial Circuit, Broward County; Louis H. Schiff, Judge; L.T. Case No. CONO22-008130.

Brian Korte of Korte & Associates, LLC, Singer Island, for appellant.

No answer brief filed for appellee.

PER CURIAM.

KAC 2021-1, LLC (“KAC”) appeals an order dismissing its complaint with prejudice, which the county court entered after KAC filed and served a timely notice of voluntary dismissal under Florida Rule of Civil Procedure 1.420(a)(1).

The notice of voluntary dismissal divested the county court of jurisdiction to enter a subsequent order dismissing the case with prejudice. See Pino v. Bank of N.Y., 121 So. 3d 23, 32 (Fla. 2013); Aero Toy Store, Inc. v. Sherwin-Williams Co., 725 So. 2d 1267, 1268 (Fla. 4th DCA 1999). Accordingly, we reverse for the county court to vacate the order of dismissal.

Reversed.

KLINGENSMITH, C.J., GROSS and FORST, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.