Legal Opinion

Service Experts, LLC v. Northside Air Conditioning & Electrical Service, Inc.

District Court of Appeal of Florida

Decided November 17, 2010No. 2D09-5416PublishedCited by 8 opinions

1Opinion of the Court

VILLANTI, Judge.

This appeal arises from the trial court’s order striking the notice of voluntary dismissal filed by Service Experts, LLC, and reinstating the action based on the common law exception to a plaintiffs right to voluntarily dismiss the complaint, as set forth in Ormond Beach Associates, Ltd. v. Citation Mortgage, Ltd., 835 So.2d 292 (Fla. 5th DCA 2002). Because the common law exception did not apply in this case and because, as explained below, we have converted this appeal to a writ of prohibition, we quash the trial court’s order of reinstatement.

*28Service Experts is in the…

2Cases cited12 opinions

  1. Miller v. Fortune Ins. Co.Supreme Court of Florida · 1986
  2. Fears v. LunsfordSupreme Court of Florida · 1975
  3. Freeman v. MintzDistrict Court of Appeal of Florida · 1988
  4. Select Builders of Florida, Inc. v. WongDistrict Court of Appeal of Florida · 1979
  5. Perez v. Winn-DixieDistrict Court of Appeal of Florida · 1994

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Pino v. Bank of New YorkSupreme Court of Florida · 2013
  2. Pino v. Bank of New York MellonDistrict Court of Appeal of Florida · 2011
  3. Cutler v. CutlerDistrict Court of Appeal of Florida · 2012
  4. Iberiabank v. RHN Investments, LTDDistrict Court of Appeal of Florida · 2014
  5. Soares Da Costa Construction Services, LLC v. Alta Mar Development, LLCDistrict Court of Appeal of Florida · 2012

3 more not listed; retrieve them via the Exa API.

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