Summary
finding that trial court was stripped of jurisdiction upon filing of notice of voluntary dismissal, and thus, subsequently entered order dismissing case with prejudice was nullity
Summary of this case from Durie v. HansonOpinion
No. 93-2852.
January 4, 1995.
Appeal from the Circuit Court for Palm Beach County; Daniel T.K. Hurley, Judge.
Dean J. Rosenbach and Denise Apter, Lewis, Vegosen Rosenbach, and Joel M. Weissman, Weissman and Manoff, P.A., West Palm Beach, for appellant.
Nancy W. Gregoire and W. Edward McIntyre, Ruden, Barnett, McClosky, Smith, Schuster Russell, P.A., Fort Lauderdale, for appellees.
We reverse the order of dismissal with prejudice of appellant's complaint against appellee. Even though the court announced its ruling granting the motion to dismiss, appellant filed a voluntary dismissal prior to the court's signing the order of dismissal.
The trial court was divested of jurisdiction upon the filing of the notice of voluntary dismissal. Homestead Ins. Co. v. Poole, Masters Goldstein, C.P.A., P.A., 604 So.2d 825 (Fla. 4th DCA 1991), rev. denied, 604 So.2d 487 (Fla. 1992); Freeman v. Mintz, 523 So.2d 606 (Fla. 3d DCA), cause dismissed, 528 So.2d 1182 (Fla.), rev. denied sub nom., Caldwell Banker-Klock Co. v. Freeman, 534 So.2d 398 (Fla.), dismissed, 534 So.2d 400 (Fla. 1988). Therefore, the order dismissing the case with prejudice is a nullity.
Reversed to vacate order of dismissal.
WARNER, PARIENTE and STEVENSON, JJ., concur.