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CRUMP v. GOLD HOUSE RESTAURANTS

96 So.2d 215 (1957)

George M. CRUMP, Appellant, v. GOLD HOUSE RESTAURANTS, Inc., a Florida corporation, and Glen Rush and Ann Rush, individually and as Directors of Gold House Restaurants, Inc., and E.G. Musleh and William Blowers, Appellees.

Supreme Court of Florida, Division A.

June 28, 1957.

Attorney(s) appearing for the Case

Green & Bryant, Ocala, for appellant.

Charles A. Savage, Ocala, for appellees.

ROBERTS, Justice.

This appeal is concerned with the so-called "two-dismissal" rule contained in Rule 1.35(a) (1) of the Florida Rules of Civil Procedure, 30 F.S.A. This rule authorizes the voluntary dismissal by plaintiff of his suit "at any time before service by the adverse party of an answer or of a motion for summary judgment or decree" and provides that "Unless otherwise stated in the notice of dismissal or stipulation, the dismissal shall be without prejudice...

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