Nationwide Carpet and Drapery Co., Inc. v. McMillian

• Decision Date: 14 February 1984
• Docket Number: No. 83-2236,83-2236
• Citation: 444 So.2d 1162
• Parties: NATIONWIDE CARPET AND DRAPERY COMPANY, INC., a Florida corporation, Appellant, v. Hezekiah McMILLIAN and Betty Jane McMillian, his wife, and Elliot I. Miller, Appellees.
• Court: Florida District Court of Appeals

Page 1162

444 So.2d 1162

NATIONWIDE CARPET AND DRAPERY COMPANY, INC., a Florida corporation, Appellant, v. Hezekiah McMILLIAN and Betty Jane McMillian, his wife, and Elliot I. Miller, Appellees.

No. 83-2236.

District Court of Appeal of Florida, Third District.

Feb. 14, 1984.

Kenneth N. Rekant, Miami Beach, for appellant.

Judith A. Frankel, Miami, for appellees.

Before HENDRY, DANIEL S. PEARSON and JORGENSON, JJ.

PER CURIAM.

The trial court correctly recognized that it was without jurisdiction to reinstate appellant's action after the appellant had terminated its action against appellees by announcing a voluntary dismissal. Randle-Eastern Ambulance Service, Inc. v. Vasta, 360 So.2d 68 (Fla.1978); United Services Automobile Association v. Johnson, 428 So.2d 334 (Fla. 2d DCA 1983); Carolina Casualty Company v. General Truck Equipment and Trailer Sales, Inc., 407 So.2d 1095 (Fla. 1st DCA 1982); Sun First National Bank of Delray Beach v. Green Crane & Concrete Services, Inc., 371 So.2d 492 (Fla. 4th DCA 1979); Rich Motors, Inc. v. Loyd Cole Produce Express, Inc., 244 So.2d 526 (Fla. 4th DCA 1970).

Affirmed.