Opinion
No. 2D07-4530.
February 8, 2008.
Petition for Writ of Certiorari to the Circuit Court for Hillsborough County; James M. Barton, II, Judge.
Ryan Christopher Rodems of Barker, Rodems Cook, P.A., Tampa, for Petitioners.
Robert W. Bauer, Gainesville, for Respondent.
Denied. See Fla.R.Civ.P. 1.420(a)(2); Rogers v. Publix Super Markets, Inc., 575 So. 2d 214, 215-16 (Fla. 5th DCA 1991) (holding that when counterclaim is pending, plaintiff cannot unilaterally dismiss complaint without order of court).
WALLACE and LaROSE, JJ., and THREADGILL, EDWARD F., SENIOR JUDGE, Concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.