Legal Question in Civil Litigation in Florida

I lost a credit card suit brought by Chase. The were granted a summary judgement. About a 3 months later, I received a "Voluntary dismissal by the Plaintiff. I checked and it was recorded at the court house. I understand under Florida rules of civil procedure if no mention of prejudice is made, it is assumed to be without. I have also read that since I have "made my case" the plaintiff really can't volunteer the dismissal since I had been to court, again per Florida Civil Rules. So, my question is should I leave it alone, and hope they don't refile, or should I seek a motion to dismiss and become a party to their Voluntary Dismissal as it seems like is required, Just seems too easy, out of the blue they doing this. If I am required to be a co maker of this dismissal, how do I petition the courts to do so. Thanks


Asked on 4/20/11, 7:36 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

You are not required to be a comaker. The plaintiff can dismiss even if you have made an appearance and been to court.

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Answered on 4/20/11, 7:48 pm


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