Voluntary Dismissals and Jurisdiction

Voluntary Dismissals and Jurisdiction

VOLUNTARY DISMISSALS AND JURISDICTION 27TH Annual View from the Bench May 18, 2012 Judge Sandy Karlan Query: Does the Court have jurisdiction to reinstate a dissolution, or other action, after a

party has voluntarily dismissed the case? The short and long answer is NO! The only time a party may seek to reinstate a case is by motion for good cause shown when the action has been dismissed for failure to prosecute; Fla.R.Civ.P. 1.420

Otherwise, once a case is voluntarily dismissed, the court loses jurisdiction over the the lawsuit and cannot reopen the matter. According to Randle-Eastern Ambulance Service, Inc. v. Vasta, 360 So. 2d 68 (Fla. 1978) The right to dismiss ones own lawsuit during the course of trial is guaranteed by Rule

1.420(a), endowing a plaintiff with unilateral authority to block action favorable to a defendant which the trial judge might be disposed to approve. The effect is to remove completely from the courts consideration the power to enter an order, equivalent in all respects to a deprivation

of jurisdiction. If the trial judge loses the ability to exercise judicial discretion or to adjudicate the cause in any way, it follows that he has no jurisdiction to reinstate a dismissed proceeding. The policy reasons for this consequence support its apparent rigidity See, Hayden v. Hayden, 373 So.2d 436 (Fla. 3d DCA 1979)

The Court doesnt even have jurisdiction to consider a Motion to reactivate a dismissed action and set aside the Notice of Voluntary Dismissal. Miller v. Fortune Ins. Co., 484 So.2d 1221 Fla. 1986) Anderson v. Lovejoy, 354 So.2d 951 (Fla. 1st

DCA 1978) Serious Repercussions Wife filed for dissolution; parties had one child. 1 year after filing a hearing was held by GM 10 days after GM filed a report, Wife filed voluntary dismissal.

20 days after voluntary dismissal, Judge entered Final Judgment of Dissolution. 1 year later, FH filed to modify timesharing OOPS! Trial Court granted modification On appeal, Court held that voluntary dismissal filed before the case was submitted to the

court, the Court did not have jurisdiction to enter the FJ of DM Thus, the FJ of DM and all subsequent orders were void ab initio and therefore vacated THE PARTIES WERE STILL MARRIED Kelly v. Colston, 977 So.2d 692(Fla.1stDCA 2008) HELP?

The voluntary dismissal does not preclude the court from correcting clerical mistakes and errors from oversight or omission. McKibbin v. Fujarek, 385 So. 2d 724 (Fla. 4th DCA 1980) A Court may retain jurisdiction to hear certain issues such as attorneys fees at a later date. Hayden, at 437-38

What about 1.540 Motions? Must file motion to set aside voluntary dismissal under this rule within one year and allege mistake, inadvertence, etc. But does a judgmental mistake by a party (thought we could reconcile) suffice? See, Miller v. Fortune Ins. Co., 484 So.2d 1221 (Fla.1986)

Parties filed Stipulation for Dismissal w/prejudice in 2003 Plaintiff filed for Relief in 2005 and Court set aside the dismissal Reversed on appeal: if it was a voluntary dismissal the Court lost jurisdiction; if it was set aside based upon 1.540, it was untimely

Rabello V. Alonso, 927 So.2d 45 (Fla.3d DCA 2006) BE CAREFUL QUESTIONS?

Recently Viewed Presentations

  • Fallpräsentation Indikation & Planung

    Fallpräsentation Indikation & Planung

    Case Challenge Osteo vs UNI S. Hofmann Allgemeines und Orthopädisches LKH Stolzalpe Patient 57 years, male Orthopedic surgeon Sporting active Left dist Tibia # 1973 Left ACL 1999 Pain le knee Lat deg. Meniskus 2013 conservative Clinic 2014 activated arthritis...
  • INVASIVE SPECIES - University Of Maryland

    INVASIVE SPECIES - University Of Maryland

    In some cases, invasive plants arrive purely by accident, as seed in agricultural products, or on shipments from overseas. In other cases, invasive plants are selected for their horticultural attributes. Beautiful, unusual, exceptionally hardy, drought-tolerant, or fast-growing plants are sought...
  • The Amazing, Dr. Seuss Who was Dr. Seuss?

    The Amazing, Dr. Seuss Who was Dr. Seuss?

    Another of Dr. Seuss' most famous stories is a holiday book called How the Grinch Stole Christmas. Dr. Seuss loved to write stories with a rhyming pattern. If he needed to, he would make up a word to help him...
  • 5-5 Inference on the Ratio of Variances of

    5-5 Inference on the Ratio of Variances of

    Kruskal-Wallis Nonparametric Test. H0: All k populations have the same distribution. H1: Not all populations have the same distribution. Test Statistic: ?=12?(?+1)?=1???2??−3(?+1) Here the R. i are the sum of the ranks for each population. The ranks are found by...
  • Tin Whisker Risk Model Spreadsheet - web.calce.umd.edu

    Tin Whisker Risk Model Spreadsheet - web.calce.umd.edu

    Introduction. The Whisker Risk Model Spreadsheet can be used to calculate the expected number of tin whisker shorts on one or more leaded components, based on user-specified part and lead geometry, whisker density, whisker length distribution, applied voltage, and conformal...
  • Golgi, Lysosomes, & Vesicular Transport

    Golgi, Lysosomes, & Vesicular Transport

    Golgi Apparatus & Lysosomes Lecture 21 BSCI 420/421 Oct 21/22, 2002 "It takes all the running you can do to stay in one place; to get somewhere else, you must run twice as fast."
  • 2011 COSA June Conference

    2011 COSA June Conference

    Oregon Common Core State Standards Increasing Student Achievement Through Standards-Based Education All students leave high school college and career ready Adaptive summative assessments benchmarked to college & career readiness Common Core State Standards specify K-12 expectations for college and career...
  • 4th Grade Lucy Calkins Unit 1 - South Carolina Virtual ...

    4th Grade Lucy Calkins Unit 1 - South Carolina Virtual ...

    Standard/Teaching Point. Standards: Today we are going to review adjectives and take our historical nonfiction post assessment in class. 5.1 Ask and answer inferential questions to analyze meaning beyond the text; refer to details and examples within a text to...