IN RE ADOPTION OF HELEN RAMONA SHEFFIELD, A MINOR, BY MELVIN BARRON AND WIFE, LYVERTA BARRON, APPELLANTS,
v.
STATE DEPARTMENT OF PUBLIC WELFARE, APPELLEE. IN RE ADOPTION OF CLEVELAND EARL SIZEMORE, A MINOR, BY MELVIN BARRON AND WIFE, LYVERTA BARRON, APPELLANTS, V. STATE DEPARTMENT OF PUBLIC WELFARE, APPELLEE
Petitioners, appellants here, sought to adopt two minor children. The trial judge consolidated and then denied both petitions. Petitioners appeal and the cases have been consolidated here.
We are not asked to construe Rule 1.-420(a) (1) (i), FRCP, 1968 Revision, 30 F.S.A., but only the word “submission” contained therein. This Rule provides:
“ * * * an action may be dismissed * * * before submission of a nonjury case to the court for decision, * *
Following the second of three hearings, the judge ordered petitioners to bring in the school teachers of one child sought to be adopted together with the school teachers of petitioners’ children and one Moloca Lynn Barron, which petitioners failed to do.
At the third hearing in this cause and before the court handed down its opinion, appellants moved for a voluntary dismissal. We believe the motion was untimely as it *854was made after the case was submitted within the Rule and that therefore the trial judge was correct in denying the motion.
We do not pass on the merits of the final judgment since it has not been put in issue.
For the foregoing reasons we affirm.
PIERCE and McNULTY, JJ., concur.
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Modular Constr., Inc. v. Owen, 270 So. 2d 753 (Fla. 3d DCA 1972)…e appellant’s nonsuit or motion for voluntary dismissal was untimely because it was made after the case had been submitted and, accordingly, denied it on authority of In re Adoption of Helen Ramona Sheffield v. State Department of Welfare, Fla.App., 231 So. 2d 853. Although two points are raised by appellant in support of reversal which go to the merits of this cause, it is unnecessary [*754] for us to consider them since we reverse on the voluntary dismissal issue and hold that the trial court erroneously d…
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C. A. Davis, Inc. v. K & R Elec., Inc., 350 So. 2d 27 (Fla. 3d DCA 1977)…rm. We first doubt whether the City had the right to file a unilateral dismissal under Fla.R.Civ.P. 1.420, after a final judgment had been entered on its crossclaim for interpleader. In Re Adoption of Sizemore v. State Department of Public Welfare, 231 So. 2d 853 (Fla.2d DCA 1970); Equibank, N. A. v. Penland, 330 So. 2d 739 (Fla.1st DCA 1976); Fla.R.Civ.P. 1.420(a)(1). Further, at the time the trial court entered the final judgment, there was no dispute but that Raybro had supplied the materials and the judg…