WALTER FISCHER, APPELLANT,
v.
LYNN BARTBERGER, ETC., ET AL., APPELLEES
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The court held that a voluntary dismissal notice naming one defendant does not automatically dismiss a co-defendant, and no affidavit is required to establish the right to use the long-arm statute, only one showing compliance.
Appellant argued that a voluntary dismissal notice filed by the Plaintiff against one defendant should also dismiss the Appellant-Defendant. Appellant…
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STRAWN, DAVID U., Associate Judge.
Appellant has presented on this interlocutory appeal two points, neither of which warrants reversal.
Appellant first argues that Plaintiff’s filing of a paper entitled “Notice of Voluntary Dismissal,” the text of which asserted a “ . . . voluntary dismissal . as to the Defendant Ohio Casualty Insurance Company . . . .”, should be held also to dismiss the Appellant-Defendant Fischer. The “Notice” made reference to F.R.C. P. 1.420 which relates to dismissal of actions, and provides the “manner” in which actions may be voluntarily dismissed.
F.R.C.P. 1.250 provides that a party Defendant may be dropped in the “manner” of dismissing actions provided for in F.R. C.P. 1.420. That “manner” is by “notice.”
It is evident from the record that Plaintiff dropped a party (permitted under F. R.C.P. 1.250) in the manner (by “notice”) provided in F.R.C.P. 1.420.
Appellant’s second ground for reversal asserts that Plaintiff-Appellee failed to file an affidavit establishing Plaintiff’s right to use the “long arm” provision of Fla.Stat. 48.161 (1975) to obtain personal jurisdiction over Defendant Fischer. We find no requirement in the statutes or in the rules for an affidavit showing entitlement to use of the statutory procedure. We do find a requirement in the statute for the preparation and filing by counsel of an affidavit showing “compliance” with the procedures of the statute. Fla.Stat. § 48.161(1) (1975). The Court should not legislate such a requirement, and will only require the affidavit showing “compliance” with the statutes’ procedures which has been mandated by the Legislature.
AFFIRMED.
OWEN and MAGER, JJ., concur.
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Gonzalez v. The Honorable Jack M. Turner, 427 So. 2d 1123 (Fla. 3d DCA 1983)…ssal in Rule 1.420(a)(1) ... ”) without jeopardizing the jurisdiction of the court over the still pending action against the other defendant. Hinton v. Iowa National Mutual Insurance Co., 317 So. 2d 832 (Fla. 2d DCA 1975). See Fischer v. Bartberger, 330 So. 2d 507 (Fla. 4th DCA 1976); DeMaupassant v. Evans, 300 So. 2d 313 (Fla. 1st DCA 1974). Thus, when Gonzalez announced her voluntary dismissal of Nowak, the case terminated as to Nowak only. Since jurisdiction over Gonzalez vis-a-vis Continental was unaffect…
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Fed. Ins. Co. v. Fatolitis, 478 So. 2d 106 (Fla. 2d DCA 1985)…7). Florida Rule of Civil Procedure 1.250(b) provides that a party may be dropped from a lawsuit “in the manner” of a dismissal action per Rule 1.420(a)(1). Subject to the exception noted infra, this is done simply by notice. Fischer v. Bartberger, 330 So. 2d 507 (Fla. 4th DCA 1976). Once a voluntary dismissal has been entered, the trial court is divested of in per-sonam jurisdiction. Rich Motors, Inc. v. Loyd Cole Produce Express, Inc., 244 So. 2d 526 (Fla. 4th DCA 1971). If the voluntary dismissal is enter…
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Seabrooke v. Honorable Mary E. Lupo, 471 So. 2d 682 (Fla. 4th DCA 1985)…PER CURIAM. We grant the petition and direct the trial court to reinstate relator’s action against Palm Beach County. See Fischer v. Bartberger, 330 So. 2d 507 (Fla. 4th DCA 1976) and Gonzalez v. Turner, 427 So. 2d 1123 (Fla. 3d DCA 1983). ANSTEAD, DELL and WALDEN, JJ., concur.…