South Florida Nursing Services, Inc. v. Palm Beach Business Services, Inc., 85-1012

• Decision Date: 11 September 1985
• Docket Number: No. 85-1012,85-1012
• Citation: 10 Fla. L. Weekly 2111,474 So.2d 1289
• Parties: 10 Fla. L. Weekly 2111 SOUTH FLORIDA NURSING SERVICES, INC., Appellant, v. PALM BEACH BUSINESS SERVICES, INC., etc., Appellee.
• Court: Florida District Court of Appeals

Page 1289

474 So.2d 1289

10 Fla. L. Weekly 2111

SOUTH FLORIDA NURSING SERVICES, INC., Appellant, v. PALM BEACH BUSINESS SERVICES, INC., etc., Appellee.

No. 85-1012.

District Court of Appeal of Florida, Fourth District.

Sept. 11, 1985.

Appeal of a non-final order from the Circuit Court for Palm Beach County; Mary Lupo, Judge.

Allan Hoffman, West Palm Beach, for appellant.

Frank Mallory Shooster, Fort Lauderdale, for appellee.

PER CURIAM.

Plaintiff, Palm Beach Business Services, Inc., voluntarily dismissed its action with prejudice. Thereafter, the trial court, upon plaintiff's motion alleging fraud and misrepresentation, dissolved the voluntary dismissal and reinstated the action. Defendant, South Florida Nursing Services, Inc. appeals. We reverse upon authority of Randle-Eastern Ambulance Service, Inc. v. Vasta, 360 So.2d 68 (Fla.1978); Miller v. Fortune Insurance Company, 453 So.2d 489 (Fla. 2d DCA 1984); and Piper Aircraft Corporation v. Prescott, 445 So.2d 591 (Fla. 1st DCA 1984).

Reversed.

HERSEY, C.J., and DOWNEY and WALDEN, JJ., concur.