Legal Question in Real Estate Law in Florida

My foreclosure court docket claims a "voluntary dismissal of cause" pertaining to "count 2 re-establishment of lost note" (twice)Does this mean that proceedings are halted indefinitely? I read that voluntary dismissals may only occur twice.. Thanks


Asked on 9/25/09, 2:58 pm

1 Answer from Attorneys
Philip Duvalsaint Philip A. Duvalsaint, PLLC

A voluntary dismissal simply means that the plaintiff has withdrawn their complaint without prejudice to refile within the statute of limitations. Typically, courts do not allow you to continually file, withdraw and refile, but I do not believe that there is an explicit limit on how many times you can bring the same action and withdraw. I'd guess that 2-3 would be the limit, but have no rule or case on the matter.

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Answered on 9/25/09, 4:35 pm


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