Stone v. Stone

Full title: CHRISTINE M. STONE, Petitioner, vs. MICHAEL STONE, et al. Respondents

Court: District Court of Appeal of Florida, Third District

Date published: Apr 23, 1997

691 So. 2d 649 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 97-575

Opinion filed April 23, 1997.

On petition for Writ of Prohibition to the Circuit Court for Monroe County, Steven P. Shea, Judge.

LOWER TRIBUNAL NO. 97-20011

Gunster, Yoakley, Valdes-Fauli Stewart, Stuart J. McGregor and Clinton R. Losego; and Timothy Nicholas Thomes, for petitioner.

Beckmeyer Mulick, and Karl Beckmeyer; and Joe Miklas, for respondent Mathilde Leary.

Before COPE, GODERICH and FLETCHER, JJ.

PER CURIAM.

Because the petitioner voluntarily dismissed the underlying action, the trial court lacked subject matter jurisdiction to enter the subsequent orders adjudicating matters set forth in the underlying action. Accordingly, we grant the petition for writ of prohibition and vacate the subsequently entered orders. See Fla. R. Civ. P. 1.420(a); 84 Lumber Co. v. Cooper, 656 So.2d 1297, 1298-99 (Fla. 2d DCA 1994)(holding that dismissal pursuant to Rule 1.420(a), Florida Rules of Civil Procedure, divests trial court of subject matter jurisdiction); In re Estate of Zimbrick v. Zimbrick, 453 So.2d 1155, 1156 n.2 (Fla. 4th DCA 1984)(holding that Florida Rules of Civil Procedure apply to adversary probate proceedings).

Petition granted; orders vacated.