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Pihakis v. Marsh

District Court of Appeal of Florida, Third District
Mar 15, 1988
521 So. 2d 388 (Fla. Dist. Ct. App. 1988)

Opinion

Nos. 87-1380, 87-1381.

March 15, 1988.

An Appeal from the Circuit Court for Dade County; Jon I. Gordon, Judge.

Rubin, Rubin Fuqua and Ellis Rubin and David M. Rappaport, Miami, for appellant.

Gaebe, Murphy Mullen and Michael Murphy, Coral Gables, for appellee.

Before BASKIN, DANIEL S. PEARSON and FERGUSON, JJ.


Despite having voluntarily dismissed the cause, counsel for appellant seeks reinstatement of the proceeding and review of the trial court's denial of his motion for continuance. Once counsel announced the voluntary dismissal on the record, objections to prior rulings were rendered moot. See Randle-Eastern Ambulance Service, Inc. v. Vasta, 360 So.2d 68 (Fla. 1978); Fla.R.Civ.P. 1.420(a)(1)(i). We reject the argument that the voluntary dismissal was coerced by the trial court's insistence that trial commence.

Affirmed.


Summaries of

Pihakis v. Marsh

District Court of Appeal of Florida, Third District
Mar 15, 1988
521 So. 2d 388 (Fla. Dist. Ct. App. 1988)
Case details for

Pihakis v. Marsh

Case Details

Full title:MARY PIHAKIS, APPELLANT, v. JORDAN MARSH, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 15, 1988

Citations

521 So. 2d 388 (Fla. Dist. Ct. App. 1988)