CHRISTINE M. STONE, PETITIONER,
v.
MICHAEL STONE, ET AL, RESPONDENTS
CHRISTINE M. STONE, PETITIONER,
MICHAEL STONE, ET AL, RESPONDENTS
691 So. 2d 649
Florida District Court of Appeal, Third District (1997)
Positive Treatment
Cited by 3 cases
Opinion of the Court
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- brick, 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tobkin v. State, 777 So. 2d 1160 (Fla. 4th DCA 2001)…ssolution, or any other civil action. In a civil case where 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…
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Newberry v. Newberry, 831 So. 2d 749 (Fla. 5th DCA 2002)…o provision to calculate child support for some, but not all, of the parties’ common children. The child support guidelines must be utilized when calculating child support in a modification proceeding or it is reversible error. Locke v. Locke-Mixon, 691 So. 2d 649 (Fla. 3d DCA 1997). Furthermore, section 61.30 is premised on the concept that the amount of child support is a global issue, calculated on all the common dependent children of the parties, as well as both parents’ incomes. No provision exists whic…
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Rebolledo v. Mireya Cristina Cambero Cordero, 217 So. 3d 147 (Fla. 3d DCA 2017)…s voluntary dismissal on September 4, 2014. See 84 Lumber Co. v. Cooper, 656 So. 2d 1297, 1299-300 (Fla. 2d DCA 1994). Husband’s voluntary dismissal ended the case, depriving the trial court of any further jurisdiction over the case. Stone v. Stone, 691 So. 2d 649 (Fla. 3d DCA 1997) (Mem). Therefore, any and all orders entered after the trial court was divested of jurisdiction were void. [*150] Herbits, 197 So. 3d at 578. While, notwithstanding Husband’s dismissal, the trial court and the parties proceeded as…
Authorities Cited
- 84 Lumber Co. v. Cooper, 656 So. 2d 1297 (Fla. 2d DCA 1994)
- In re Est. Of Mark Daniel Zimbrick v. Zimbrick, 453 So. 2d 1155 (Fla. 4th DCA 1984)