RICHARD E. CONNER, PETITIONER,
v.
MAURICE WAGNER, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida District Court of Appeal granted certiorari, quashed an order allowing a nonsuit, and remanded the case, holding that a nonsuit must be taken during the trial and not after a judge announces he will grant a summary judgment.
No, a nonsuit must be taken during the trial and before the jury retires from the bar, as per Florida Statute § 54.09.
“a nonsuit as provided for under § 54.09 Fla.Stat., F.S.A., must be taken within the framework of the trial and "before the jury retire from the bar."”
This quote establishes the legal standard for when a nonsuit can be taken.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe plaintiff in a common law action took a nonsuit after the trial judge announced he would grant the defendant's motion for summary judgment. The pl…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Nonsuit cases and more on FLexlaw
iWe have for review on certiorari an order entered in a common law action in the circuit court in Dade County granting plaintiff a nonsuit. The trial judge on hearing defendant’s motion for summary judgment announced that he would grant it, whereupon the plaintiff took a nonsuit, but that action amounted to a departure from essential requirements of law in that it was not taken “on trial.” We recently had occasion to rule on this point. In the case of Welgoss v. End, Fla.App.1959, 112 So.2d 390, we held that a nonsuit as provided for under § 54.09 Fla.Stat., F.S.A., must be taken within the framework of the trial and “before the jury retire from the bar.” Accordingly certiorari is granted, the order under review is quashed and the cause remanded for further proceedings not inconsistent herewith.
It is so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dinnen v. Lincoln Fin. Co., Inc., 151 So. 2d 463 (Fla. 2d DCA 1963)…PER CURIAM. Affirmed. See Conner v. Wagner, Fla. App.1961, 135 So. 2d 441, and Rawls v. Ziegler, Fla.1958, 107 So. 2d 601. SHANNON, C. J., and SMITH and WHITE, JJ., concur.…
-
Peaslee v. Michalski, 167 So. 2d 242 (Fla. 2d DCA 1964)…ight, 100 Fla. 282, 129 So. 889; Downing v. Weaver-Laughridge Lumber Co., 94 Fla. 1096, 114 So. 666; Goldring v. Reid, 60 Fla. 78, 53 So. 503; Mizell Live Stock Co. v. J. J. McCaskill Co., 57 Fla. 118, 49 So. 501. Cf. Conner v. Wagner, Fla.App.1961, 135 So. 2d 441; Greene v. Trash Hauling Co., Inc., Fla.App.1963, 154 So. 2d 726; Dodson v. Crews, Fla.App.1964, 164 So. 2d 252; Bennett v. Fratus, Fla.App.1964, 164 So. 2d 827. The foregoing cases clearly show that an appropriate and regular way to conclude a cas…
-
Thoman v. Timmothy Ashley, 170 So. 2d 332 (Fla. 2d DCA 1964)…phasis added) . In Florida East Coast Railway Co. v. Lewis, Fla.App.1964, 167 So. 2d 104, the First District held that nonsuit is procedural rather than substantive. . Ruis v. Halloway, Fla.App.1962, 139 So. 2d 745; Conner v. Wagner, Fla.App.1961, 135 So. 2d 441; Welgoss v. End, Fla.App.1959, 112 So. 2d 390 have held that nonsuit is no longer available to a party at pretrial conference or at any time prior to trial. .For further distinctions between the terms “nonsuit,” “dismissal” and “discontinuance,” se…
Authorities Cited
- Welgoss v. END, 112 So. 2d 390 (Fla. 3d DCA 1959)