Dreher v. American Fire & Casualty Co.

McCAIN, Judge.

Petitioner seeks certiorari to review an order denying his notice of voluntary dismissal.

Trial without jury was held. At close of final arguments, the court granted counsel leave to submit briefs substantiating ther respective positions by a designated date.

Before that date petitioner filed his notice of voluntary dismissal pursuant to *436F.R.C.P. 1.420(a) (1), 30 F.S.A.1 This was denied by the court.

A plaintiff may dismiss his cause without court order by serving a notice of dismissal before submission of a nonjury case to the court for decision. (Emphasis added.)

This court has…