ALFREDO GONZALEZ, APPELLANT,
v.
PATRICIA ANN MULREANY, APPELLEE
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PEARSON, Judge.
Appellant Alfredo Gonzalez was the plaintiff below. Upon the completion of the plaintiff’s case, the defendant moved for a directed verdict. The court announced, “I am going to direct a verdict.” Immediately thereafter, the plaintiff took a voluntary dismissal pursuant to Fla.R.Civ.P. 1.420(a)(1). The trial court then entered its judgment for the defendant.
The Supreme Court of Florida, in Fears v. Lunsford, 314 So. 2d 578 (Fla.1975), has interpreted the identical rule as follows:
“The rule is specific on this point. It states in unusual language, ‘the action may be dismissed by plaintiff without order of court? by (1) service before trial or (2) stating on the record a notice of dismissal. No action is required by the court under the rule. Hence, a statement by the court that the notice is approved, or a motion to dismiss, if made, is granted, adds nothing to the finality of the dismissal. The only remaining action required by the court contemplated by the rule would be to advise the jury thereof in a jury case.”
The plaintiff having taken a voluntary dismissal, the trial court had no further authority to enter a judgment in the case.
The judgment appealed is reversed.
Reversed.
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Citator
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Freeman v. Al Mintz, 523 So. 2d 606 (Fla. 3d DCA 1988)…e also Randle-Eastern Ambulance Serv. v. Vasta, 360 So. 2d 68, 69 (Fla.1978) (a voluntary dismissal deprives the trial court of the power to enter an order), clarified by, Miller v. Fortune Ins. Co., 484 So. 2d 1221 (Fla.1986); Gonzalez v. Mulreany, 375 So. 2d 621 (Fla. 3d DCA 1979) (trial court lacked jurisdiction to enter judgment of directed verdict after plaintiff took voluntary dismissal). When presented with a fact pattern similar to the instant case the Second District Court of Appeal held that when t…
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Colucci v. Greenfield, 547 So. 2d 224 (Fla. 3d DCA 1989)…oldwell Banker-Klock Co. v. Freeman, 534 So. 2d 398 (Fla.), appeal dismissed, 534 So. 2d 400 (Fla.1988); Marvella Assoc., Inc. v. Carney, 512 So. 2d 1111 (Fla. 2d DCA 1987); Ambory v. Ambory, 442 So. 2d 1087 (Fla. 2d DCA 1983); Gonzalez v. Mulreany, 375 So. 2d 621 (Fla. 3d DCA 1979). In addition, we hold that because intervention is “in subordination to, and in recognition of, the propriety of the main proceeding,” Fla.R.Civ.P. 1.230, the trial court was precluded from adjudicating the inter-venor’s claim.2…
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Gonzalez v. The Honorable Jack M. Turner, 427 So. 2d 1123 (Fla. 3d DCA 1983)…es his right to voluntarily dismiss the lawsuit, the suit terminates, and the court thereafter is without jurisdiction to adjudicate the cause in any way. Randle-Eastern Ambulance Service v. Vasta, 360 So. 2d 68 (Fla.1978); see Gonzalez v. Mulreany, 375 So. 2d 621 (Fla. 3d DCA 1979). This principle, however, applies to the case at hand only in respect to the relief sought against Nowak. Gonzalez did not voluntarily dismiss her entire action, but instead voluntarily dismissed her action against one of two defe…
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- Fears v. Muriel Booth Lunsford & the Ins. Co. of N. Am., 314 So. 2d 578 (Fla. 1975)