EDWARD L. GROUS ET AL., APPELLANTS,
v.
WILKE BERRY STANDLAND AND CORLEN STANDLAND, HIS WIFE, APPELLEES

Fla. 1st DCA | 1973-01-04
No. R-52
RAWLS, Acting C. J., and WIGGIN-TON and JOHNSON, JJ., concur.
271 So. 2d 775 Florida District Court of Appeal, First District (1973) Positive Treatment
Cited by 9 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Susco Car Rental System of Florida v. Leonard, 112 So.2d 832 (Fla.1959); and Thomas v. Atlantic Associates, Inc., 226 So.2d 100 (Fla.1969).

RAWLS, Acting C. J., and WIGGIN-TON and JOHNSON, JJ., concur.


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  • Marine Contractors, Inc. v. Armco, Inc., 452 So. 2d 77 (Fla. 2d DCA 1984)
    …ry dismissal can become operative, it is equally clear that the party seeking affirmative relief must effect service of the notice. Hibbard v. State Road Department of Florida, 225 So. 2d 901, 902 (Fla. [*80] 1969); Gull Construction Co. v. Hendrie, 271 So. 2d 775 (Fla. 2d DCA 1973). See generally H. Trawick, Florida Practice and Procedure § 21-2, p. 262 (1983 ed.). Service under rule 1.420(a)(l)(i) is to be accomplished in accordance with Florida Rule of Civil Procedure 1.080(b). Gull at 776, n. 1. The ques…
  • Siler v. Lumbermens Mut. Cas. Co., 420 So. 2d 357 (Fla. 5th DCA 1982)
    …nder Rule 1.420(a)(l) was not authorized; any dismissal of the action must be under Rule 1.420(a)(2), which requires an order from the trial court. Ryder System, Inc. v. O’Connor, 369 So. 2d 980 (Fla. 4th DCA 1979); Gull Construction Co. v. Hendrie, 271 So. 2d 775 (Fla. 2d DCA 1973); Rice v. Fremow, 165 So. 2d 447 (Fla. 2d DCA 1964). Since dismissals under Rule 1.420(a)(2) require an order of court, the mere filing of a notice of voluntary dismissal is ineffective to dismiss the cause and does not cause a los…
  • Surette v. Galiardo, 309 So. 2d 253 (Fla. 4th DCA 1975)
    …ssential requirements of law when it denied the plaintiffs’ motion to amend the complaint, which motion would have brought the insurers into the suit. Leave to amend should be freely granted. F.R.C.P. 1.190 (1974); Gull Construction Co. v. Hendrie, 271 So. 2d 775 (2d D.C.A.Fla.1973); Petterson v. Concrete Construction, Inc., 202 So. 2d 191 (4th D.C.A.Fla.1967). Thus we grant certiorari; quash the order denying plaintiffs’ motion [*254] to amend the complaint; and remand for further proceedings. This decisio…

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