Charles G. Nolan v. Mia Real Holdings, LLC

We reverse the final judgment of foreclosure because the action was barred by the “two dismissal” rule of Florida Rule of Civil Procedure 1.420(a)(1). In successive ■actions, two different plaintiff/note holders sought to foreclose based on the same breach. Each plaintiff filed a voluntary dismissal of its lawsuit. For the purpose of rule 1.420(a)(1), we hold that the two noteholders — the original plaintiff and the subsequent assignee of the note — were the same “plaintiff’.under the rule, so that the second voluntary dismissal triggered an “adjudication on the merits.” Id.

Flagstar Bank…