CHARLES HEZICKI VERRIETT, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Fears v. Muriel Booth Lunsford & the Ins. Co. of N. Am., 314 So. 2d 578 (Fla. 1975)
  …and this cause is remanded for proceedings consistent herewith. ADKINS, C. J., and LEE, Circuit Judge, concur. OVERTON, J., concurring with opinion, with which DREW, J. (Retired), concurs. ENGLAND, J., dissents with opinion. . Fears v. Lunsford, 295 So. 2d 323, 325 (Fla.App. 1st 1974). . The notice of dismissal must be stated in the record before a hearing on motion for summary judgment or before the retirement of the jury in a jury case or submission of a non jury ease to the court. . Modular Construct…
• Hinton v. Iowa Nat'l Mut. Ins. Co. & Steve Dellinger, 317 So. 2d 832 (Fla. 2d DCA 1975)
  …dropping of Dellinger and Iowa National as parties in the first case, the court below cited Scott v. Permacrete, Inc., Fla.App.1st, 1960, 124 So. 2d 887; Cooper v. Carroll, Fla.App.3d, 1970, 239 So. 2d 511, and Fears v. Lunsford, Fla.App.1st, 1974, 295 So. 2d 323. In Scott, the court held that, standing alone, a notice of voluntary dismissal filed pursuant to Rule 1.35 RCP (the predecessor of current Rule 1.420) and directed to some but not all of the defendants was not effective to eliminate those parties a…
• Lauda v. H. F. Mason Equip. Corp., 407 So. 2d 392 (Fla. 3d DCA 1981)
  …e entered even after the trial court had announced its intention to grant a directed verdict. In fact, the voluntary dismissal under discussion was not as to the entire action, but rather as to one of two claims in the action. See Fears v. Lunsford, 295 So. 2d 323 (Fla. 1st DCA 1974). Since no regard was paid to this fact in either the opinion of the court of appeal or the Supreme Court, we can only conclude that its importance was not made an issue by the parties and was over [*395] looked by the courts. See…