CAROLINE WEISS
v.
RANSOM EVERGLADES SCHOOL, INC.

Fla. 3d DCA | 2023-08-09
No. 22-1605
Florida District Court of Appeal, Third District (2023)

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Holding

A stipulation for dismissal without prejudice submitted by the parties terminates the case and requires the trial court to vacate its final order of dismissal.


Headnotes

[1] A stipulation for dismissal without prejudice submitted by the parties ends judicial labor in a case and requires the trial court to vacate any final order of dismissal.

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Facts & Procedural History

Caroline Weiss appealed a July 29, 2022 final order titled 'Order of Dismissal Based on Settlement' from the Circuit Court for Miami-Dade County. The …

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Opinion of the Court

Opinion filed August 9, 2023. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-1605 Lower Tribunal No. 18-2400

________________

Caroline Weiss,

Appellant,

vs.

Ransom Everglades School, Inc., Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge. Schlesinger Law Group, and Michael J. Schlesinger, for appellant. Shubin & Bass, P.A., and John K. Shubin, Deana D. Falce, and Dylan M. Helfand, for appellee. Before FERNANDEZ, HENDON, and BOKOR, JJ. HENDON, J. Based on the circumstances of this case, we reverse the order under review and remand with instructions for the trial court to vacate its July 29, 2022 final order titled “Order of Dismissal Based on Settlement.” The Stipulation for Dismissal Without Prejudice submitted by the parties ends judicial labor in the case. See Fla. R. Civ. P. 1.420(a)(1)(B). The remaining arguments raised by the parties have been considered, and they either do not need to be addressed based on the disposition of this case and/or lack merit and do not warrant discussion. Reversed and remanded.


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