POMPANO SENIOR SQUADRON FLYING CLUB, INC.
v.
STEVEN J. BORER AND MICHAEL W. BORER
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Where a defendant voluntarily dismisses his claim, he cannot be listed as a recovering party in the final judgment.
[1] A party who voluntarily dismisses a claim cannot be listed as a recovering party in a final judgment.
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Join FLexlaw to unlock all legal intelligencePompano Senior Squadron Flying Club appealed a final judgment in favor of Steven J. Borer and Michael W. Borer. Michael Borer had previously voluntari…
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Appeal from the County Court for the Seventeenth Judicial Circuit, Broward County; Phoebee R. Francois, Judge; L.T. Case No. COWE20-22099 (81).
Edward F. Holodak of Edward F. Holodak, P.A., Plantation, for appellant.
Ron Renzy of Wallberg & Renzy, P.A., Coral Springs, for appellees. PER CURIAM. Appellant appeals a final judgment in favor of appellees. We affirm all issues raised without comment. However, we remand for the trial court to strike the reference to Michael Borer as a recovering party in the final judgment because he previously voluntarily dismissed his claim. See generally Conklin v. Perez, 321 So. 3d 294 (Fla. 4th DCA 2021) (affirming and remanding to correct scrivener’s error).
Affirmed and remanded with instructions. WARNER, GERBER and LEVINE, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.