Stone v. Stone

District Court of Appeal of Florida

Stone v. Stone

691 So. 2d 649, 1997 Fla. App. LEXIS 4167, 1997 WL 194853

CourtDistrict Court of Appeal of Florida

DecidedApril 23, 1997

DocketNo. 97-575

StatusPublished

Cited by2 cases

This text of 691 So. 2d 649 (Stone v. Stone) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stone v. Stone, 691 So. 2d 649, 1997 Fla. App. LEXIS 4167, 1997 WL 194853 (Fla. Ct. App. 1997).

Pincite

Opinion

PER CURIAM.

Because the petitioner voluntarily dismissed the underlying action, the trial court lacked subject matter jurisdiction to enter the subsequent orders adjudicating matters set forth in the underlying action. Accordingly, we grant the petition for writ of prohibition and vacate the subsequently entered orders. See Fla. R. Civ. P. 1.420(a); 84 Lumber Co. v. Cooper, 656 So.2d 1297, 1298-99 (Fla. 2d DCA 1994)(holding that dismissal pursuant to Rule 1.420(a), Florida Rules of Civil Procedure, divests trial court of subject matter jurisdiction); In re Estate of Zim-[650]*650brick, 453 So.2d 1155, 1156 n. 2 (Fla. 4th DCA 1984)(holding that Florida Rules of Civil Procedure apply to adversary probate proceedings).

Petition granted; orders vacated.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Because the petitioner voluntarily dismissed the underlying action, the trial court lacked subject matter jurisdiction to enter the subsequent orders adjudicating matters set forth in the underlying action. Accordingly, we grant the petition for writ of prohibition and vacate the subsequently entered orders. See Fla. R. Civ. P. 1.420(a); 84 Lumber Co. v. Cooper, 656 So.2d 1297, 1298-99 (Fla. 2d DCA 1994)(holding that dismissal pursuant to Rule 1.420(a), Florida Rules of Civil Procedure, divests trial court of subject matter jurisdiction); In re Estate of Zim-[650]*650brick, 453 So.2d 1155, 1156 n. 2 (Fla. 4th DCA 1984)(holding that Florida Rules of Civil Procedure apply to adversary probate proceedings).

Petition granted; orders vacated.

Cite This Page — Counsel Stack

Bluebook (online)

691 So. 2d 649, 1997 Fla. App. LEXIS 4167, 1997 WL 194853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stone-v-stone-fladistctapp-1997.

Opinion

Related

Cite This Page — Counsel Stack