Bennett v. Fratus

Respondent, Fratus, who was plaintiff in .a law action in the trial court was permitted to take a voluntary non-suit with an approving order of the trial judge. Bennett appealed to the Court of Appeal, Third District. On Motion of Fratus as appellee, the District Court dismissed the appeal on the ground that the order permitting the non-suit was non-final and therefore not subject to review by appeal. Bennett v. Fratus, Fla.App., 164 So.2d 827. It is claimed here "that the cited decision conflicts with the decision of the Court of Appeal, First District, in Dobson v. Crews, 164 So.2d 252.…