TRANSPORTATION CASUALTY INSURANCE COMPANY, APPELLANT,
v.
SUNCOAST RECYCLING AND TRANSFER, INC., THROUGH DAVID IRWIN, TRUSTEE; DAVID IRWIN, INDIVIDUALLY; RICHARD E. PRACEL; ROBERT INDERMUEHLE AND LILLIAN INDERMUEHLE, INDIVIDUALLY; AND GOVERNMENT EMPLOYEES INSURANCE COMPANY, APPELLEES

Fla. 2d DCA | 1996-05-29
No. 95-02186
DANAHY and FRANK, JJ., concur.
681 So. 2d 732 Florida District Court of Appeal, Second District (1996)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Transportation Casualty Insurance Company appealed a directed verdict against it in a declaratory judgment action, arguing the trial court erred by refusing to allow its voluntary dismissal of the case. The Florida appellate court reversed, holding that a plaintiff may voluntarily dismiss a case at any time before submission to the trier of fact, even after resting its case.


Holding

A plaintiff may enter a voluntary dismissal at any time before the case is submitted to the trier of fact for determination, including after resting its case. The trial court erred in interpreting Rule 1.420(a) to require voluntary dismissal before resting.


Headnotes

[1] A plaintiff may voluntarily dismiss an action by stating the dismissal on the record during trial at any time before submission of a non-jury case to the court for decisi…

[2] A trial court loses jurisdiction over an action when a plaintiff properly files a notice of voluntary dismissal.

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“a plaintiff may enter a voluntary dismissal at any time before the case is submitted to the trier of fact for a determination”

Establishes the controlling legal standard for when voluntary dismissal is permissible under Florida Rule 1.420(a)

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Angel Indermuehle was killed in an accident involving a Suncoast Recycling truck driven by employee Richard E. Pracel. Her estate sued Suncoast, Prace…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
THREADGILL, Chief Judge.

THREADGILL, Chief Judge.

Transportation Casualty Insurance Company (TCI) appeals a final judgment directing a verdict in favor of Suncoast Recycling and Transfer, Inc., and the other appellees. We reverse on the ground that the trial court lost jurisdiction when TCI filed a notice of voluntary dismissal.

Angel Indermeuhle was killed in an accident involving a Suncoast truck driven by its employee Richard E. Pracel. Her estate sued Suncoast, the driver, and Suncoast’s owner David Irwin for negligence. In a complaint for declaratory judgment, Suncoast’s insurer TCI contended that the truck was not covered by insurance because Pracel was not an approved driver at the time of the accident.

A non-jury trial began in the declaratory judgment action. After TCI had rested, the appellees moved for an involuntary dismissal. The trial court reserved ruling, and the appellees proceeded with their defense. During the appellees’ case, TCI announced it was voluntarily dismissing the declaratory action. The appellees objected on the ground that the dismissal was untimely because TCI had already rested. The trial court agreed and the trial continued. When the appellees had rested, they renewed their motion for an involuntary dismissal which the trial court then granted. TCI appealed.

TCI contends and we agree that the trial court erred in ruling that the voluntary dismissal was untimely. The trial court construed Florida Rule of Civil Procedure 1.420(a)1 to require a plaintiff to enter a voluntary dismissal before resting its case. On the contrary, a plaintiff may enter a voluntary dismissal at any time before the case is submitted to the trier of fact for a determination. Randle-Eastern Ambulance Service, Inc. v. Vasta, 360 So. 2d 68 (Fla.1978); Fears v. Lunsford, 314 So. 2d 578 (Fla.1975).

We therefore reverse the order denying the notice of voluntary dismissal. We need not address the issue of the directed verdict entered in favor of the appellees at the conclusion of the trial.

Reversed.

DANAHY and FRANK, JJ., concur. . Rule 1.420 DISMISSAL OF ACTIONS (a) Voluntary Dismissal. (1) By Parties. Except in actions in which property has been seized or is in the custody of the court, an action may be dismissed by plaintiff without order of court (A) before trial by serving, or during trial by stating on the record, a notice of dismissal at any time before a hearing on motion for summary judgment, or if none is served or if the motion is denied, before retirement of the jury in a case tried before a jury or before submission of a non-jury case to the court for decision, or....


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw