Freeman v. Sanders

NIMMONS, Judge.

Appellants, defendants below, assert that the trial court erred in permitting the plaintiff, more than one year after the filing of *835a notice of voluntary dismissal “with prejudice,” to amend the notice to provide that dismissal was “without prejudice.” We agree with appellants that the trial court erred and therefore reverse.

Appellee filed a personal injury suit against appellants in Dixie County. In November 1987, appellee filed a notice of voluntary dismissal with prejudice. In November 1989, appellee filed a “motion for relief,” in reliance upon Rule 1.540(a), Florida Rules…