ELIZABETH GONZALEZ, PETITIONER,
v.
THE HONORABLE JACK M. TURNER, JUDGE, CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, IN AND FOR DADE COUNTY, FLORIDA, RESPONDENT
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A voluntary dismissal of one defendant does not divest the court of jurisdiction over the remaining defendant.
[1] A voluntary dismissal of a lawsuit terminates the action and divests the court of jurisdiction over the dismissed party.
[2] A plaintiff may voluntarily dismiss one defendant from an action without jeopardizing the court's jurisdiction over remaining defendants.
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Join FLexlaw to unlock all legal intelligencePlaintiff sued a defendant and his insurer. After a directed verdict motion against the insurer, the plaintiff settled with and voluntarily dismissed …
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DANIEL S. PEARSON, Judge.
Gonzalez sued one Nowak and his insurer, Continental Insurance Company, for damages arising from Nowak’s alleged negligent and careless discharge of a BB-gun. Continental denied liability and, asserting that Nowak’s act was intentional, counterclaimed for the entry of a “no coverage” declaratory judgment. The case proceeded to jury trial. At the conclusion of all the evidence, Gonzalez moved for a directed verdict against Continental.
The trial court, stating that it was “going to grant the motion,” and, later, that it had “granted the motion,” nonetheless decided to submit the coverage issue to the jury to obviate the necessity of a new trial in the event its directed verdict decision were to be reversed on appeal. At this juncture, Gonzalez settled her claim against Nowak and announced that she was “voluntarily dismissing” her action against him. With that, the court declared the case over and discharged the jury. Thereafter, the trial court (a) refused to enter judgment on Gonzalez’s motion for directed verdict against Continental, and (b) refused to enter judgment against Nowak pursuant to the settlement, both refusals being based on the ground that Gonzalez’s act of taking a voluntary dismissal against Nowak divested the court of all further jurisdiction. Gonzalez seeks review through a petition for writ of mandamus.
It is a well-accepted principle of law that when a plaintiff exercises 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 defendants.1 This she had a clear right to do under Florida Rule of Civil Procedure 1.250 (a party “may be dropped by an adverse party in the manner provided for voluntary dismissal in Rule 1.420(a)(1) ... ”) without jeopardizing the jurisdiction of the court over the still pending action against the other defendant. Hinton v. Iowa National Mutual Insurance Co., 317 So. 2d 832 (Fla. 2d DCA 1975).
See Fischer v. Bartberger, 330 So. 2d 507 (Fla. 4th DCA 1976); DeMaupassant v. Evans, 300 So. 2d 313 (Fla. 1st DCA 1974).
Thus, when Gonzalez announced her voluntary dismissal of Nowak, the case terminated as to Nowak only. Since jurisdiction over Gonzalez vis-a-vis Continental was unaffected by the dismissal of Nowak, the trial court incorrectly denied Gonzalez relief against Continental on the ground of lack of jurisdiction.2
We are of the view, however, that mandamus does not lie. Although it is true that the trial court stated that it had granted Gonzalez’s motion for directed verdict against Continental, its later decision to send the coverage issue to the jury is inconsistent with and belies its earlier statement.
Thus, we cannot compel the trial court to enter judgment pursuant to its evanescent “directed verdict,” since it is far from clear that we would be compelling a purely ministerial act. We are authorized, however, to treat Gonzalez’s petition for a writ of mandamus as a petition for writ of certiorari, and we do so. See Fla.R.App.P. 9.040(c); Berry v. Clement, 346 So. 2d 105 (Fla. 2d DCA 1977).
We grant in part and deny in part the petition for writ of certiorari. We quash the trial court’s order refusing to enter judgment against Continental on the ground of lack of jurisdiction and remand the cause for further proceedings. We deny the petition for writ of certiorari insofar as it relates to the trial court’s refusal to enter judgment against Nowak, since as to him the jurisdiction of the trial court ended when he was dropped as a party.
. A plaintiffs attempt to voluntarily dismiss not a party, but less than his entire action against a party, is considered an attempt to partially dismiss, which, because not authorized by law, is a nullity and ineffective to divest the trial court of jurisdiction. Lauda v. H.F. Mason Equipment Corp., 407 So. 2d 392 (Fla. 3d DCA 1981); Deseret Ranches of Florida, Inc. v. Bowman, 340 So. 2d 1232 (Fla. 4th DCA 1976).
. Since it is apparent that this was the reason for the trial court’s refusal to grant Gonzalez relief, we do not pass upon any other possible justification for the trial court’s action. We are simply not in a position to decide, on the limited record presented to us, whether, under the circumstances of this case, Nowak’s continued presence in the suit was indispensable to the continuation of the action and an adjudication against Continental. Compare, e.g., Thompson v. Commercial Union Insurance Co. of New York, 250 So. 2d 259 (Fla.1971); Maxwell v. Southern American Fire Insurance Co., 235 So. 2d 768 (Fla. 3d DCA 1970), with Roberts v. Nationwide Mutual Fire Insurance Co., 355 So. 2d 219 (Fla. 1st DCA 1978); Nationwide Mutual Fire Insurance Co. v. Holmes, 352 So. 2d 1233 (Fla. 4th DCA 1977); Kephart v. Pickens, 271 So. 2d 163 (Fla. 4th DCA 1972).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Tobkin v. State, 777 So. 2d 1160 (Fla. 4th DCA 2001)…here a voluntary dismissal is entered, the trial court no longer has jurisdiction to act in the case. See Randle-Eastern Ambulance Serv., Inc. v. Vasta, 360 So. 2d 68 (Fla.1978); Stone v. Stone, 691 So. 2d 649 (Fla. 3d DCA 1997); Gonzalez v. Turner, 427 So. 2d 1123 (Fla. 3d DCA 1983). As previously discussed, this case does not involve the situation where the court is obligated to assume jurisdiction because of its inherent responsibility for the custody and welfare of children. See Pereira v. Shanti, 751 So.…
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Freeman v. Al Mintz, 523 So. 2d 606 (Fla. 3d DCA 1988)…in an action, unlike this case, which involves a dismissal of less than all parties. It is settled law in Florida that a party may take a voluntary dismissal against one of several defendants without obtaining a court order. In Gonzalez v. Turner, 427 So. 2d 1123 (Fla. 3d DCA 1983), we held that a plaintiff had a clear right under Rule 1.250 to dismiss her action against one of two defendants and the effect of the dismissal was to terminate the case as it related to the dropped defendant. The second district…
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Fed. Ins. Co. v. Fatolitis, 478 So. 2d 106 (Fla. 2d DCA 1985)…al’s June 14 motion to dismiss constitutes a departure from the essential requirements of law. We note also that certiorari has previously been employed to review a trial court’s refusal to honor a voluntary dismissal. See, e.g., Gonzalez v. Turner, 427 So. 2d 1123 (Fla. 3d DCA 1983); Tinsely v. McDonald, 378 So. 2d 816 (Fla. 3d DCA 1980); Chrysler [*109] Corp. v. Hames, 345 So. 2d 813 (Fla. 4th DCA 1977). Florida Rule of Civil Procedure 1.250(b) provides that a party may be dropped from a lawsuit “in the man…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (14 total)
- Randle-Eastern Ambulance Serv., Inc. v. Vasta, 360 So. 2d 68 (Fla. 1978)
- Thompson v. Commercial Union Ins. Co. OF NEW York, 250 So. 2d 259 (Fla. 1971)
- Augusta Kephart v. Pickens, 271 So. 2d 163 (Fla. 4th DCA 1972)
- Nationwide Mut. Fire Ins. Co. v. Holmes, 352 So. 2d 1233 (Fla. 4th DCA 1977)
- Deseret Ranches OF Fla., Inc. v. Bowman, 340 So. 2d 1232 (Fla. 4th DCA 1976)
- Hinton v. Iowa Nat'l Mut. Ins. Co. & Steve Dellinger, 317 So. 2d 832 (Fla. 2d DCA 1975)
- Lauda v. H. F. Mason Equip. Corp., 407 So. 2d 392 (Fla. 3d DCA 1981)
- Maxwell v. S. Am. Fire Ins. Co., 235 So. 2d 768 (Fla. 3d DCA 1970)
- Berry v. The Honorable C. Archie Clement, 346 So. 2d 105 (Fla. 2d DCA 1977)
- Roberts v. Nationwide Mut. Fire Ins. Co., 355 So. 2d 219 (Fla. 1st DCA 1978)