Kurth v. Kurth

SMITH, Chief Judge.

Appellant filed a dissolution action in Santa Rosa County and thereafter sought to voluntarily dismiss the action. The trial court, on motion by appellee, entered the order on appeal, striking appellant’s voluntary dismissal and changing venue of the action from Santa Rosa County to Manatee County.

Appellant’s notice of voluntary dismissal was filed after service of appellee’s counterclaim and therefore the trial court had jurisdiction to strike the notice of voluntary dismissal and change venue of the action. Rule 1.420(a)(2), Fla.R.Civ.P.; Siler v. Lumbermens Mutual…