Dave Hess, Inc. v. Black Angus of Pompano, Inc.

DOWNEY, Judge.

This is an appeal from a final judgment of the circuit court entered in favor of ap-pellees, who were three of the defendants below. The question on appeal involves the application of Rule 1.420(a)(1), 30 F. S.A., RCP.

Appellant sued appellees and five other defendants in four counts. After service of process was had but before responsive pleadings were filed, appellant on March 24, 1972, filed a notice of voluntary dismissal on all counts as to appellees and on Counts I and II as to the other named defendants, leaving Counts III and IV pending as to those defendants. Within a…