Legal Opinion · Dissent

Levenshon v. Levenshon

District Court of Appeal of Florida

Decided July 20, 2005No. Nos. 3D05-267, 3D04-2666 and 3D04-1223Published

1DissentSchwartz, Senior Judge

I would not recognize the voluntary dismissal in this case, which was filed only after an oral argument which went very badly for the appellant.1 See United States v. Munsingwear, Inc., 340 U.S. 36, 71 S.Ct. 104, 95 L.Ed. 36 (1950); State v. Schopp, 653 So.2d 1016 (Fla.1995).

Instead, I would affirm on the basis of the well-reasoned decision of the trial court:

ORDER ON EXCEPTIONS TO REPORT AND RECOMMENDATIONS OF GENERAL MASTER

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FACTS

1. The Final Judgment of Dissolution of Marriage was entered in this action on May 19, 1992. The parties subsequently entered into a Settlement…

2Cases cited5 opinions

  1. United States v. Munsingwear, Inc.Supreme Court of the United States · 1950
  2. State v. SchoppSupreme Court of Florida · 1995
  3. Avis Rent a Car System, Inc. v. Monroe CountyDistrict Court of Appeal of Florida · 1995
  4. Sniffen v. SniffenDistrict Court of Appeal of Florida · 1980
  5. Transamerica Insurance Company v. RutkinDistrict Court of Appeal of Florida · 1969

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