FLEET SERVICES CORPORATION, APPELLANT,
v.
GARY F. REISE, APPELLEE
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A voluntary dismissal terminates a lawsuit, divesting the court of jurisdiction to issue subsequent orders like dismissal with prejudice or sanctions.
[1] A voluntary dismissal of a lawsuit terminates the action and deprives the court of jurisdiction to subsequently dismiss the case with prejudice.
[2] A party may seek review of a nonfinal order only when appealing the ensuing final judgment or by petitioning for a writ of certiorari, unless a rule specifically provides…
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Join FLexlaw to unlock all legal intelligenceFleet Services voluntarily dismissed its lawsuit after the trial court orally granted a motion for sanctions. The trial court subsequently issued an o…
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NORTHCUTT, Judge.
Fleet Services Corporation challenges an order imposing sanctions against it, as well as a subsequent order dismissing its lawsuit against Gary F. Reise with prejudice. We reverse the latter order, and we conclude that our jurisdiction does not reach the former. In his motion for sanctions Reise asked the court to strike Fleet Services’ pleadings and its witness and exhibits lists. At the September 10, 1999 hearing on the motion the court orally announced that it would grant the motion, and it signed an order to that effect later in the day. On the same day, Fleet Services served a notice voluntarily dismissing its suit pursuant to Florida Rule of Civil Procedure I.420(a)(1). On September 14 the circuit court rendered an order purporting to dismiss the action with prejudice.
This last order must be reversed because Fleet Services’ voluntary dismissal terminated the suit and deprived the court of jurisdiction to later dismiss the case with prejudice. See Freeman v. Mintz, 523 So. 2d 606 (Fla. 3d DCA 1988); Ambory v. Ambory, 442 So. 2d 1087 (Fla. 2d DCA 1983).
For much the same reason, we lack jurisdiction to review the September 10 sanctions order. Other than as provided in Florida Rule of Appellate Procedure 9.130, which is inapplicable here, a party may seek review of a nonfinal order only when appealing the ensuing final judgment or by petitioning for a writ of certiorari. See R D & G Leasing, Inc. v. Stebnicki, 626 So. 2d 1002 (Fla. 3d DCA 1993). Here, Fleet Services’ notice of voluntary dismissal aborted the lawsuit before rendition of a final judgment on which our appellate jurisdiction could be predicated, and it did not timely petition for a writ of certiorari pursuant to Florida Rule of Appellate Procedure 9.100. Both as a practical matter and as a jurisdictional matter, the sanctions order was rendered moot. Consequently, we dismiss that portion of the appeal.
Reversed in part; dismissed in part.
PATTERSON, C.J., and SALCINES, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Clarke-Morales v. Coca-Cola Refreshments USA, 271 So. 3d 1128 (Fla. 3d DCA 2019)…esting the trial court of jurisdiction and depriving this Court of appellate jurisdiction to review pre-dismissal orders of the trial court. Two Islands Dev. Corp. v. Clarke, 239 So. 3d 115, 124-25 (Fla. 3d DCA 2018); Fleet Servs. Corp. v. Reise, 775 So. 2d 383, 384 (Fla. 2d DCA 2000). After a voluntary dismissal occurs, the trial court may entertain and award trial preparation costs against the dismissing party. Coastal Petroleum Co. v. Mobil Oil Corp., 583 So. 2d 1022, 1024-25 (Fla. 1991); Fla. R. Civ…
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Fleet Servs. Corp. v. Reise, 857 So. 2d 273 (Fla. 2d DCA 2003)…e pleadings and the final order of dismissal. This court determined that Fleet’s voluntary dismissal both divested the trial court of jurisdiction and rendered moot Fleet’s appeal of the order striking its pleadings. See Fleet Servs. Corp. v. Reise, 775 So. 2d 383 (Fla. 2d DCA 2000). Accordingly, this court reversed the dismissal with prejudice for lack of jurisdiction and dismissed as moot the appeal of the imposed sanction. Id. During the pendency of the appeal, Reise moved for attorney’s fees and costs. H…
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Morroni v. Peeples, 868 So. 2d 630 (Fla. 2d DCA 2004)…smiss her action against Marshall A. Peeples, as Trustee of the Corlico Property Land Trust 3 and 3B, with prejudice. Peeples [*631] concedes that the trial court was without jurisdiction to enter the final judgment. See Fleet Servs. Corp. v. Reise, 775 So. 2d 383, 384 (Fla. 2d DCA 2000); Ambory v. Ambory, 442 So. 2d 1087, 1087-88 (Fla. 2d DCA 1983). Accordingly, we vacate the purported final judgment. Reversed. CASANUEVA and DAVIS, JJ., Concur.…
Authorities Cited
- Freeman v. Al Mintz, 523 So. 2d 606 (Fla. 3d DCA 1988)
- RD & G Leasing, Inc. v. Stebnicki, 626 So. 2d 1002 (Fla. 3d DCA 1993)
- Ambory v. Ambory, 442 So. 2d 1087 (Fla. 2d DCA 1983)