History
  • No items yet
midpage
Anderson v. Watson
475 So. 2d 1315
Fla. Dist. Ct. App.
1985
Check Treatment
RYDER, Chief Judge.

The defendants appeal a trial court order which granted the plaintiffs motion to expunge the words “with prejudice” from a notice of voluntary dismissal under Florida Rule of Civil Procedure 1.540(b). We reverse.

A voluntary dismissal under Florida Rule of Civil Procedure 1.420(a)(l)(i) divests a trial court of jurisdiction to relieve a plaintiff of the dismissal. Randle-Eastern Ambulance Service, Inc. v. Vasta, 360 So.2d 68 (Fla.1978); Miller v. Fortune Insurance Co., 453 So.2d 489 (Fla. 2d DCA 1984); United Services Automobile Association v. Johnson, 428 So.2d 334 (Fla. 2d DCA 1983). After a party dismisses an action “with prejudice,” the court no longer has jurisdiction to correct the dismissal by expunging the words “with prejudice,” even if the mistaken use of words was a result of secretarial error or excusable neglect. Miller, 453 So.2d at 490; United Services, 428 So.2d at 335. But see Bender v. First Fidelity Savings and Loan Assoc. of Winter Park, 463 So.2d 445, 446 (Fla. 4th DCA 1985); Shampaine Industries, Inc. v. South Broward Hospital District, 411 So.2d 364, 367 (Fla. 4th DCA 1982).

In this case, the trial judge was without jurisdiction to grant appellee’s motion to expunge the words “with prejudice” from appellee’s voluntary dismissal.

Reversed.

SCHEB and DANAHY, JJ., concur.

Case Details

Case Name: Anderson v. Watson
Court Name: District Court of Appeal of Florida
Date Published: Sep 25, 1985
Citation: 475 So. 2d 1315
Docket Number: No. 85-697
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.