ST. JOHNS RIVER TERMINAL COMPANY, A CORPORATION, APPELLANT,
v.
GLENN H. PICKETT, APPELLEE
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The appellate court reversed a trial court's grant of a voluntary non-suit, holding that the defendant was entitled to a dismissal with prejudice after the plaintiff moved for non-suit. The court's decision aligned with recent Florida Supreme Court rulings on the matter.
Yes, the defendant is entitled to a dismissal with prejudice. Once a plaintiff moves for a voluntary non-suit, the defendant's right to have the case dismissed with prejudice should be recognized.
“" * * * counsel for the Plaintiff announced he would take a voluntary Non-Suit, which motion, after consideration by the Court, was granted, and a voluntary Non-Suit, be, and the same is hereby entered herein; thereupon counsel for the Defendant moved the Court for a Final Judgment in its favor, which motion, after consideration by the Court, was denied; thereupon the Jury was discharged from further consideration of- this cause.''”
This quote details the trial court's actions regarding the plaintiff's motion for non-suit and the defendant's subsequent motion for a final judgment.
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Join FLexlaw to unlock all legal intelligenceDuring a trial, the plaintiff's attorney moved for a voluntary non-suit, which the trial judge granted. Following this, the defendant moved for a fina…
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During the course of the trial, plaintiff’s attorney moved for non-suit which was granted by the trial judge in the following language:
“ * * * counsel for the Plaintiff announced he would take a voluntary Non-Suit, which motion, after consideration by the Court, was granted, and a voluntary Non-Suit, be, and the same is hereby entered herein; thereupon counsel for the Defendant moved the Court for a Final Judgment in its favor, which motion, after consideration by the Court, was denied; thereupon the Jury was discharged from further consideration of- this cause.’’
Defendant appealed, citing this court’s opinion in Dobson v. Crews, Fla.App., 164 So.2d 252. Plaintiff in his one page brief requested this court to await the rule of the Supreme Court in Dobson v. Crews “when the question will then be settled.” In the case of Crews v. Dobson, 177 So.2d 202, opinion filed July 7, 1965, the Supreme Court affirmed this court’s aforementioned decision. Also see Thoman v. Ashley, Supreme Court, 177 So.2d 205, opinion filed July 7, 1965.
Reversed and remanded with directions to the trial court to vacate the judgment of non-suit and costs, and to enter a judgment on the motion of appellant-defendant, *215St. Johns River Terminal Company, dismissing the action with prejudice and at the cost of plaintiff.
RAWLS, C. J., and STURGIS and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Crews v. Dobson, 177 So. 2d 202 (Fla. 1965)
- Dobson v. Crews, 164 So. 2d 252 (Fla. 1st DCA 1964)
- Thoman v. Timmothy Ashley, 177 So. 2d 205 (Fla. 1965)