Federal Rule Of Civil Procedure 41(A)(2)

172 Florida cases classified under this topic · sorted by citation count · browse and sort

• Steelers Keys, LLC v. High Tech Nat'l, LLC
  S.D. Fla.· 2020-12-07
  The court granted the motion to dismiss claims against KAR and ADESA for lack of personal jurisdiction and dismissed Counts I-VI for improper joinder and as compulsory counterclaims.
• Monterey at Malibu Bay Condo. Ass'n, Inc. v. Empire Indem. Ins. Co.
  S.D. Fla.· 2020-10-15
  A plaintiff may voluntarily dismiss an action without prejudice under Rule 41(a)(2) if the defendant will not suffer clear legal prejudice, and the court may impose conditions to protect the defendant.
• Maietta v. Comm'r of Soc. Sec.
  M.D. Fla.· 2020-09-28
  The court held that a plaintiff's unopposed motion for voluntary dismissal, even if styled as a motion, can be construed as a notice of dismissal under Rule 41(a)(1)(A)(i) if its requirements are met, allowing dismissal without a court order.
• Casaudoumecq v. Nat'l Specialty Ins. Co.
  S.D. Fla.· 2020-07-29
  The court adopted the magistrate judge's recommendation to grant the plaintiff's motion, determining the former law firm has no equitable lien rights.
• Burgus v. 3m Co.
  N.D. Fla.· 2020-07-13
  The court granted plaintiff's motion to dismiss without prejudice, finding defendants would not suffer clear legal prejudice.
• Auclair v. Bonita Springs Lodge 2753 Benevolent & Protective Order of Elks of the United States, Inc.
  M.D. Fla.· 2020-06-15
  The Court denies Plaintiff's motion to dismiss without prejudice because it was not properly filed and the defendant would suffer prejudice from a dismissal at this stage.
• Bryant's Team Sports, Inc. v. Mizuno USA, Inc.
  M.D. Fla.· 2020-03-27
  The court denied the plaintiff's motion for voluntary dismissal without prejudice, finding it would cause prejudice to the defendant. The court granted the alternative relief, extending the time for the plaintiff to respond to the summary judgment motion.
• Morales v. Am. Strategic Ins. Corp
  N.D. Fla.· 2020-02-19
  A district court has discretion to grant a voluntary dismissal without prejudice, and may choose not to condition such dismissal on payment of costs if the defendant's actions contributed to the litigation expenses.
• Fajardo v. LAS 3K USA, L.L.C.
  S.D. Fla.· 2019-11-15
  The court held that it lacked ancillary jurisdiction to adjudicate a former attorney's charging lien because the dispute was not an integral part of the main proceeding and required substantial new fact-finding.
• Fretwell v. Kan. City Life Ins.
  643 F. Supp. 2d 1317· N.D. Fla.· 2009-07-16
  The court held that when an insured provides correct age and birth date to an insurer's agent, and the agent makes an error in recording it, the insurer cannot use policy provisions or statutes designed for misstated ages to reduce the death benefit.
• Trujillo v. Banco Central Del Ecuador
  1995 WL 530118· S.D. Fla.· 2002-03-01
  The court held that while the defendant is entitled to attorney's fees and costs for wasted effort defending the defamation claim, the defendant must provide more detailed, unredacted information to determine which fees are truly wasted and not usable in ongoing Bahamian litigati
• San Marco v. City of St. Petersburg
  959 F. Supp. 2d 396· M.D. Fla.· 1999-04-20
  The court granted the plaintiff's motion to voluntarily dismiss the complaint without prejudice, subject to certain conditions.
• Heckethorn v. Sunan Corp.
  992 F.2d 240· 9th Cir.· 1993-07-02
  The court held that Fed.R.Civ.P. 41(a)(2) does not provide an independent basis for sanctioning attorneys with fees or requiring them to submit to depositions, absent specific statutory authority or other recognized exceptions.
• Dunn v. Gull
  990 F.2d 348· 7th Cir.· 1993-04-07
  The court held that the district court did not abuse its discretion in denying sanctions under Rule 11, as the plaintiff's nondisclosure of a USPTO rejection was not intentional and did not render the summary judgment motion legally baseless.
• Enprotech Corp. v. Renda
  983 F.2d 17· 3d Cir.· 1993-01-05
  A district court's order denying a motion to compel production of a confidential settlement agreement, which was never filed with the court, is not a final decision and therefore not appealable under 28 U.S.C. § 1291.
• DWG Corp. v. Granada Invs., Inc.
  962 F.2d 1201· 6th Cir.· 1992-04-30
  The court held that a district court's silence on a motion for costs and attorney fees, when granting a voluntary dismissal, prevents appellate review of its discretionary judgment.
• Cunningham v. Fed. Bureau OF Investigation
  765 F.2d 61· 6th Cir.· 1985-05-09
• Hamilton v. Firestone Tire & Rubber Co., Inc.
  679 F.2d 143· 9th Cir.· 1982-03-26
  The court held that the district court did not abuse its discretion in dismissing the complaint without prejudice under Rule 41(a)(2) to allow the plaintiff to pursue a parallel state court action, as the defendant did not demonstrate plain legal prejudice.
• Shinrone, Inc. v. Ins. Co. OF N. Am.
  570 F.2d 715· 8th Cir.· 1978-02-07
  The court held that the trial court's jury instructions on windstorm definition and proximate cause were proper, and that the dismissal of a claim with prejudice was within the court's discretion.
• Denny Concrete Co., Inc. v. Mo. Portland Cement Co.
  472 F.2d 1040· 8th Cir.· 1973-02-07
  The court held that the district court abused its discretion by dismissing the case without prejudice based on a misinterpretation of the Judicial Conference's three-year policy rule.
• Mason v. The Ohio River Co.
  373 F.2d 69· 6th Cir.· 1967-02-20
  The court held that plaintiffs in admiralty proceedings, before trial and without accrued rights to the respondent, have a right to voluntarily dismiss their suits.