Charles G. Nolan v. Mia Real Holdings, LLC, 185 So. 3d 1275

Flagstar Bank filed a foreclosure against homeowners on a note, then voluntarily dismissed that action.
Flagstar assigned the note and mortgage to DKR Mortgage, which assigned/purchased the note to MIA Real Holdings.
DKR (and later MIA as substituted plaintiff) sued to foreclose on the same note alleging the same default; MIA voluntarily dismissed that second action.
MIA later filed a third foreclosure complaint on the same note asserting the same breach, which produced the final judgment now on appeal.
The trial court entered a final judgment of foreclosure; the Fourth District reversed based on Florida Rule of Civil Procedure 1.420(a)(1).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether successive note assignees who file separate foreclosure suits count as the same "plaintiff" under Fla. R. Civ. P. 1.420(a)(1) (the two-dismissal rule)	MIA (as a different named plaintiff/assignee) argued it was a new plaintiff not bound by prior voluntary dismissals	Homeowners argued that an assignee stands in assignor's shoes and prior voluntary dismissals by the assignor/earlier holder bar further suits under the two-dismissal rule	Court held assignor and assignee are the same "plaintiff" for rule 1.420(a)(1); the second voluntary dismissal operated as an adjudication on the merits and barred the third suit
Whether MIA could refile on the same breach without alleging a new, separate default	MIA argued its later complaint was permissible despite prior dismissals	Homeowners argued successive suits on the same breach after two dismissals are barred; to proceed plaintiff must allege a new breach	Court held plaintiff must allege a new and separate breach to avoid the two-dismissal bar; repeating the same breach is barred

Randle-Eastern Ambulance Serv., Inc. v. Vasta, 360 So. 2d 68 (Fla. 1978) (explains voluntary dismissal without prejudice and limits on refiling)
Dove v. McCormick, 698 So. 2d 585 (Fla. 5th DCA 1997) (assignor conveys rights and interests; assignee stands in assignor’s shoes)
Lauren Kyle Holdings, Inc. v. Heath-Peterson Constr. Corp., 864 So. 2d 55 (Fla. 5th DCA 2003) (assignee may enforce contract in assignee’s name)
Variety Children’s Hosp. v. Mt. Sinai Hosp. of Greater Miami, Inc., 448 So. 2d 546 (Fla. 3d DCA 1984) (two prior voluntary dismissals by plaintiff and those in privity bar a third action)
Salmon v. Foreclosed Asset Sales & Transfer P’ship, 162 So. 3d 1142 (Fla. 4th DCA 2015) (notes often are assigned, bundled, and transferred among multiple holders)
Singleton v. Greymar Assocs., 882 So. 2d 1004 (Fla. 2004) (to avoid the bar, a later suit must allege a new and separate breach)

Reversed and remanded.