Ryder System, Inc. v. O'Connor

LETTS, Judge.

This cause is affirmed.

We have given careful consideration to Judge Stettin’s well reasoned dissent, but cannot agree with his conclusion.

The point he believes to be controlling was not raised on appeal. Notwithstanding we would adopt the dissent, but for the existing counterclaim. Fla.R.Civ.P. 1.420(a)(2) clearly mandates that a voluntary dismissal cannot be taken save by leave of court, when a counterclaim has been filed. This vital distinction was fully appreciated by all parties to this cause when one considers the following language from a Motion for a Continuance filed by…