March 17, 2018
FOR THE PRACTITIONER: BEAT THE ENTRY OF AN ORDER OF DISMISSAL POST-HEARING

For the Practitioner: Beat the Entry of an Order of Dismissal Post-Hearing My name is Jim Boatman. I’m a commercial litigator practicing out of Naples, Florida. I came across an interesting issue in the Florida Law Weekly for February 2, 2018. It came out of 3rd District Court of Appeals in the case of Two Islands Development vs. David Clarke, and it involved a situation where Defendants filed a Motion for Dismissal with Prejudice of the Plaintiff’s Complaint. At the end of the hearing, the trial court ruled in favor of the Defendants, but before a written Order of Dismissal could be entered, the Plaintiff filed a Notice of Voluntary Dismissal without Prejudice, effectively saving their case for another day. In upholding the determination that that was an effective dismissal by the Plaintiff, the 3rd District Court of Appeals wrote: “As a general rule, the effect of a Plaintiff’s announcement of a Voluntary Dismissal is immediate, final and irreversible, terminating the Trial Court’s authority to enter further orders regarding that Defendant who has been dropped from the action. Such a rule applies even here, where the Appellant’s filed a Notice of Voluntary Dismissal after the Trial Court had orally announced its ruling dismissing the entire action, but before the Court entered its written Order of Dismissal…” I was not aware of this rule; it’s very interesting and it might help a Plaintiff out there who is looking for a second bite of the apple after a bad day at a hearing on a Motion to Dismiss.

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Published: March 17, 2018
Author: The Boatman Law Firm