ARTHUR J. KLINE ET AL., APPELLANTS,
v.
CITY OF HIALEAH, APPELLEE
ARTHUR J. KLINE ET AL., APPELLANTS,
CITY OF HIALEAH, APPELLEE
375 So. 2d 621
Florida District Court of Appeal, Third District (1979)
Caution
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The appellants and the appellee have filed in this cause a stipulation in which they request a summary disposition of the appeal. The stipulation is approved by the court and, in accordance therewith,
1. That portion of the order appealed which dismissed the claim of the appellants for contribution is reversed upon authority of Commercial Carrier Corporation v. Indian River County, 371 So. 2d 1010 (Fla.1979).
2. The order appealed is affirmed in all other respects upon the appellants’ abandonment of the points involved.
Affirmed in part, reversed in part, and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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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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- Commercial Carrier Corp. v. Indian River Cnty., 371 So. 2d 1010 (Fla. 1979)