Peachey v. Dade County

The district court has held upon appeal by the defendant in this case1 that the trial court erred in entering a judgment of nonsuit upon plaintiff’s motion made after the jury retired. The appellate court also decided that because the trial court had no discretion to permit a voluntary dismissal at that time, the cause must upon remand be dismissed with prejudice for “failure to prosecute.”

The decision that the defendant below is entitled to a dismissal with prejudice, upon the record and facts stated in the opinion before us showing no motion by him for dismissal until after discharge of the…