Public-domain · open source
OpenJurist

646 So. 2d 856

Goldberg v. Howard

District Court of Appeal of Florida

Decided January 4, 1995

District Court of Appeal of Florida · decided 1995-01-04

Relies on 534 So. 2d 393 - State v. Pennington · 528 So. 2d 1179 - In RE RULE 3.160 (A), FLA. R. OF CR. PROC. · 604 So. 2d 482 - State v. Arnette

Decided 1995-01-04

PER CURIAM.

¶1We reverse the order of dismissal with prejudice of appellant’s complaint against ap-pellee. Even though the court announced its ruling granting the motion to dismiss, appellant filed a voluntary dismissal prior to the court’s signing the order of dismissal.

¶2The trial court was divested of jurisdiction upon the filing of the notice of voluntary dismissal. Homestead Ins. Co. v. Poole, Masters & Goldstein, C.P.A., P.A., 604 So.2d 825 (Fla. 4th DCA 1991), rev. denied, 604 So.2d 487 (Fla.1992); Freeman v. Mintz, 523 So.2d 606 (Fla. 3d DCA), cause dismissed, 528 So.2d 1182 (Fla.), rev. denied sub nom., Caldwell Banker-Klock Co. v. Freeman, 534 So.2d 398 (Fla.), dismissed, 534 So.2d 400 (Fla.1988). Therefore, the order dismissing the ease with prejudice is a nullity.

¶3Reversed to vacate order of dismissal.

WARNER, PARIENTE and STEVENSON, JJ., concur.
/646/so2d/856 · .json · Public domain