CLARKE-MORALES
v.
COCA-COLA REFRESHMENTS USA
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.
A voluntary dismissal terminates the lawsuit and deprives appellate courts of jurisdiction to review pre-dismissal orders, and trial courts may award trial preparation costs against the dismissing party after voluntary dismissal.
[1] A voluntary dismissal terminates a lawsuit, divesting the trial court of jurisdiction and depriving the appellate court of jurisdiction to review pre-dismissal orders.
[2] Following a voluntary dismissal, a trial court may entertain and award trial preparation costs against the dismissing party.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Once the appellants took a voluntary dismissal, they could not challenge the trial court's earlier rulings. The voluntary dismissal terminated the lawsuit, thereby divesting the trial court of jurisdiction and depriving this Court of appellate jurisdiction to review pre-dismissal orders of the trial court.”
Court's explanation of jurisdictional consequence of voluntary dismissal
Plaintiffs sued Coca-Cola Refreshments USA and a driver for injuries from a truck crash into their home. On the eve of trial, plaintiffs moved to stri…
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 Case At Issue cases and more on FLexlaw
Third District Court of Appeal
State of Florida
Opinion filed March 20, 2019. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D17-1367 Lower Tribunal No. 13-18635
________________
Junae Clarke-Morales, etc., et al.,
Appellants,
vs.
Coca-Cola Refreshments USA, Inc., et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Thomas J. Rebull, Judge.
Navarro | McKown, and Luis F. Navarro, for appellants.
Weinberg Wheeler Hudgins Gunn & Dial, LLC, and Lawrence E. Burkhalter, Kate D. Spinelli and Kyle R. Jackson, Sr., for appellees.
Before EMAS, C.J., and SCALES and LINDSEY1, JJ.
PER CURIAM.
Appellants, plaintiffs below, Junae Clarke-Morales (individually and on behalf of minor Jahir Clarke-McLean), Nahesha Barnes and Angela V. Clarke-
Morales sued appellees, defendants below, Coca-Cola Refreshments USA, Inc. and
Kenroy Washington Buckle for injuries sustained when a Coca-Cola truck crashed into appellants’ home. On the eve of trial, appellants moved the trial court to strike the case from the trial docket.2 After the trial court denied appellants’ motion,
appellants took a voluntary dismissal on August 23, 2016, the day trial was to commence. Appellees filed a motion to tax costs, which the trial court granted after a series of evidentiary hearings. Ultimately, the trial court entered a $160,218.64 cost judgment3 against the appellants (including $26,151.83 in transcription fees and $105,112.68 in expert witness fees), allocating the amounts due among the appellants.
Appellants state two bases for appealing the judgment: (1) the trial court erred by not striking the case from the trial docket (i.e., had the case been stricken from the docket, appellants would not have had to voluntarily dismiss the case entitling appellees to costs); and (2) the trial court abused its discretion by awarding appellees taxable costs. For the succinct reasons that follow, we affirm.
Once the appellants took a voluntary dismissal, they could not challenge the trial court’s earlier rulings. The voluntary dismissal terminated the lawsuit, thereby divesting 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. P. 1.420(d). On this record, we cannot say that the trial court abused its discretion in its costs award to appellees. See Albanese Popkin Hughes Cove, Inc. v. Scharlin, 141 So. 3d 743,
745 (Fla. 3d DCA 2014).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Metalonis v. Eastgroup Props., Inc. (Fla. 3d DCA 2020)
-
Corinna Clarke v. Coca Cola Refreshments USA, Inc. (Fla. 3d DCA 2019)
-
Tien v. Akerman, LLP (Fla. 3d DCA 2019)
Authorities Cited
- Coastal Petroleum Co. v. Mobil OIL Corp., 583 So. 2d 1022 (Fla. 1991)
- Albanese Popkin Hughes Cove, Inc. v. Scharlin, 141 So. 3d 743 (Fla. 3d DCA 2014)
- Land v. Fla. Dep't OF Corr., 181 So. 3d 1252 (Fla. 1st DCA 2015)
- Two Islands Dev. Corp. v. Clarke, 239 So. 3d 115 (Fla. 3d DCA 2018)
- Fleet Servs. Corp. v. Reise, 775 So. 2d 383 (Fla. 2d DCA 2000)