Peaslee v. Michalski

ALLEN, Chief Judge.

Defendant-appellants take an appeal from, a final judgment of nonsuit entered uporu an order granting plaintiff-appellee’s motion for voluntary nonsuit without prejudice..

*498Plaintiff filed his complaint; defendants filed an answer and defenses. Sometime after the pretrial conference, the case was called for trial. Prior to the calling of the individual jurors, plaintiff moved for voluntary nonsuit, pursuant to Section 54.09, Florida Statutes, F.S.A. The defendants moved, in the event of a nonsuit, that it be dismissed with prejudice. The trial judge denied the defendants’…