Gonzalez v. Mulreany
| Citation | 375 So.2d 621 |
| Decision Date | 09 October 1979 |
| Docket Number | No. 79-728,79-728 |
| Parties | Alfredo GONZALEZ, Appellant, v. Patricia Ann MULREANY, Appellee. |
| Court | Court of Appeal of Florida (US) |
A. Koss and Theodore M. Goldberg, Coral Gables, for appellant.
Lane, Mitchell & Harris and Howard M. Bernstein, Miami, for appellee.
Before PEARSON, KEHOE and SCHWARTZ, JJ.
Appellant Alfredo Gonzalez was the plaintiff below. Upon the completion of the plaintiff's case, the defendant moved for a directed verdict. The court announced, "I am going to direct a verdict." Immediately thereafter, the plaintiff took a voluntary dismissal pursuant to Fla.R.Civ.P. 1.420(a)(1). The trial court then entered its judgment for the defendant.
The Supreme Court of Florida, in Fears v. Lunsford, 314 So.2d 578 (Fla.1975), has interpreted the identical rule as follows:
The plaintiff having taken a voluntary dismissal, the trial court had no further authority to enter a judgment in the case.
The judgment appealed is reversed.
Reversed.
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Colucci v. Greenfield, 88-903
...Assoc., Inc. v. Carney, 512 So.2d 1111 (Fla. 2d DCA 1987); Ambory v. Ambory, 442 So.2d 1087 (Fla. 2d DCA 1983); Gonzalez v. Mulreany, 375 So.2d 621 (Fla. 3d DCA 1979). In addition, we hold that because intervention is "in subordination to, and in recognition of, the propriety of the main pr......
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Gonzalez v. Turner, 82-2621
...to adjudicate the cause in any way. Randle-Eastern Ambulance Service v. Vasta, 360 So.2d 68 (Fla.1978); see Gonzalez v. Mulreany, 375 So.2d 621 (Fla. 3d DCA 1979). This principle, however, applies to the case at hand only in respect to the relief sought against Nowak. Gonzalez did not volun......
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Two Islands Dev. Corp. v. Clarke
...but before the court entered its written order of dismissal. See Freeman v. Mintz, 523 So.2d 606 (Fla. 3d DCA 1988) ; Gonzalez v. Mulreany, 375 So.2d 621 (Fla. 3d DCA 1979).Because no written order was entered until after appellants had voluntarily dismissed the Williams Island Defendants, ......
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Freeman v. Mintz, s. 85-1725
...the trial court of the power to enter an order), clarified by, Miller v. Fortune Ins. Co., 484 So.2d 1221 (Fla.1986); Gonzalez v. Mulreany, 375 So.2d 621 (Fla. 3d DCA 1979) (trial court lacked jurisdiction to enter judgment of directed verdict after plaintiff took voluntary (1976). Federal ......