Opinion
No. 3D11-111.
January 31, 2011. Rehearing Denied March 10, 2011.
A Case of Original Jurisdiction — Prohibition.
Louis C. Arslanian, Hollywood, for petitioner.
Kim A. Marjenhoff, Fort Lauderdale, for respondent.
Before SHEPHERD, LAGOA, and EMAS, JJ.
Denied. See Select Builders of Fla., Inc. v. Wong, 367 So.2d 1089, 1091 (Fla. 3d DCA 1979) ("[W]e find the court to be correct in striking the voluntary dismissal and reinstating the matter to prevent a fraud on the court."); accord Tobkin v. State, 777 So.2d 1160, 1163-64 (Fla. 4th DCA 2001) ("Florida courts have determined that this right to dismiss [voluntarily] is almost absolute. An exception to this absolute right arises where the party taking the voluntary dismissal perpetrates a fraud on the court.") (citations omitted).