Thoman v. Ashley

SMITH, Chief Judge.

By this petition for certiorari the petitioners endeavor to present for the Court’s determination the interesting and important question of whether nonsuits are still in existence in view of the 1962 amendment to Rule 1.35(b), Florida Rules of Civil Procedure, 30 F.S.A. However, we are unable to reach the nonsuit question be■cause the record on its face shows the ■striking by the Court of the defense of res judicata, the order here sought to be reviewed, was correct and in no way irregular.

Petitioners were defendants in a negli■gence action brought by plaintiff-respondents.…