Ware v. Williams

District Court of Appeal of Florida

Ware v. Williams

541 So. 2d 629, 14 Fla. L. Weekly 1015, 1989 Fla. App. LEXIS 2137, 1989 WL 37581

CourtDistrict Court of Appeal of Florida

DecidedApril 21, 1989

DocketNos. 88-02629, 88-02693

StatusPublished

This text of 541 So. 2d 629 (Ware v. Williams) 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.

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Ware v. Williams, 541 So. 2d 629, 14 Fla. L. Weekly 1015, 1989 Fla. App. LEXIS 2137, 1989 WL 37581 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

In these appeals which this court has consolidated on its own motion, we reverse the trial court’s orders that dismissed appellant’s second amended complaint with prejudice. Prior to the rendition of the appealed orders, appellant had served a notice of voluntary dismissal. Appellant is correct that after service of the notice, the trial court had no further authority to enter the orders dismissing the complaint with prejudice. See Fla.R.Civ.P. 1.420(a)(1), 1.080(b) and (f); Fears v. Lunsford, 314 So.2d 578 (Fla.1975); Marine Contractors, Inc. v. Armco, Inc., 452 So.2d [630]*63077 (Pla. 2d DCA 1984); Ambory v. Ambory, 442 So.2d 1087 (Fla. 2d DCA 1983); Gonzales v. Mulreany, 375 So.2d 621 (Fla. 3d DCA 1979).

Reversed.

DANAHY, A.C.J., and FRANK and PARKER, JJ., concur.

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PER CURIAM.

In these appeals which this court has consolidated on its own motion, we reverse the trial court’s orders that dismissed appellant’s second amended complaint with prejudice. Prior to the rendition of the appealed orders, appellant had served a notice of voluntary dismissal. Appellant is correct that after service of the notice, the trial court had no further authority to enter the orders dismissing the complaint with prejudice. See Fla.R.Civ.P. 1.420(a)(1), 1.080(b) and (f); Fears v. Lunsford, 314 So.2d 578 (Fla.1975); Marine Contractors, Inc. v. Armco, Inc., 452 So.2d [630]*63077 (Pla. 2d DCA 1984); Ambory v. Ambory, 442 So.2d 1087 (Fla. 2d DCA 1983); Gonzales v. Mulreany, 375 So.2d 621 (Fla. 3d DCA 1979).

Reversed.

DANAHY, A.C.J., and FRANK and PARKER, JJ., concur.

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Bluebook (online)

541 So. 2d 629, 14 Fla. L. Weekly 1015, 1989 Fla. App. LEXIS 2137, 1989 WL 37581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ware-v-williams-fladistctapp-1989.

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