ROBERT E. VAN METER, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1999-02-15
No. 97-2859
MINER and PADOVANO, JJ., concur.
726 So. 2d 388 Florida District Court of Appeal, First District (1999) Positive Treatment
Cited by 6 cases
Topics
Jurisdiction After Voluntary Dismissal Fla. Stat. § 57.105 Sanctions For Frivolous Filings Frivolous Litigation

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Opinion of the Court
WOLF, J.

WOLF, J.

Appellant raises a number of issues on appeal, only one of which merits discussion: Whether the trial court had jurisdiction to make a finding pursuant to section 944.279, Florida Statutes, that appellant, a prisoner, had brought a frivolous action when appellant had previously voluntarily dismissed that action. We find that the purpose of section 944.279 and section 944.28(2), Florida Statutes, is similar to that of section 57.105, Florida Statutes, which is to preclude the filing of frivolous litigation. A trial court retains jurisdiction to make a determination pursuant to section 57.105, Florida Statutes, concerning the reasonableness of litigation even after the filing of a notice of voluntary dismissal. See Bay Fin. Sav. Bank, F.S.B. v. Hook, 648 So. 2d 305, 307 (Fla. 2d DCA 1995). We, therefore, hold that the filing of a notice of voluntary dismissal by a prisoner does not divest a trial court of the requisite jurisdiction to enter an order authorizing sanctions in accordance with section 944.279 and section 944.28(2)(a), Florida Statutes (1997). The order of the trial court is affirmed in all respects.

MINER and PADOVANO, JJ., concur.

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Cited By

  • Pino v. The Bank OF NEW York, 121 So. 3d 23 (Fla. 2013)
    …Coney v. State, 995 So. 2d 1038, 1044 (Fla. 4th DCA 2008) ("Coney filed a notice of voluntary dismissal, but the filing of a voluntary dismissal does not divest a court of jurisdiction to enter an order authorizing sanctions.”); Van Meter v. State, 726 So. 2d 388, 389 (Fla. 1st DCA 1999) ("A trial court retains jurisdiction to make a determination pursuant to section 57.105, Florida Statutes, concerning the reasonableness of litigation even after the filing of a notice of voluntary dismissal.”). Both Coney a…
  • Coney v. State, 995 So. 2d 1038 (Fla. 4th DCA 2008)
    …usive and repetitive filings. See Spencer, 751 So. 2d at 48-49. Coney filed a notice of voluntary dismissal, but the filing of a voluntary dismissal does not divest a court of jurisdiction to enter an order authorizing sanctions. Van Meter v. State, 726 So. 2d 388 (Fla. 1st DCA 1999). Since Coney’s convoluted pro se direct appeal in 4D05-3304, Coney has initiated 14 separate cases in this court. Most of the appeals and petitions in these cases have been frivolous, have reasserted claims previously denied on…
  • Shernerd Richardson v. Cervone, 116 So. 3d 449 (Fla. 1st DCA 2013)
    …he filing of a voluntary dismissal does not divest an appellate court of jurisdiction to enter an order authorizing sanctions in accordance with section 944.279. Coney v. State, 995 So. 2d 1038, 1044 (Fla. 4th DCA 2008); see also Van Meter v. State, 726 So. 2d 388 (Fla. 1st DCA 1999) (holding that the filing of a notice of voluntary dismissal does not divest a trial court of the requisite jurisdiction to enter an order authorizing sanctions in accordance with section 944.279). As such, because petitioner’s…

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