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RANDLE EASTERN AMBULANCE SERV. INC. v. VASTA

No. 76-2215.

345 So.2d 1084 (1977)

RANDLE EASTERN AMBULANCE SERVICE, INC., a Florida Corporation, Petitioner, v. Elena VASTA, As Administratrix of the Estate of Louis Vasta, Deceased, for the Benefit of Elena Vasta, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 1, 1977.

Attorney(s) appearing for the Case

Stephens & Schwartz, Richard M. Gale, Miami, for petitioner.

Wolfson, Diamond, Logan & Edge, Miami Beach, Podhurst, Orseck & Parks, Joe N. Unger, Miami, for respondent.

Before PEARSON, HAVERFIELD and HUBBART, JJ.

PEARSON, Judge.

We are presented with a petition for writ of certiorari to review an action of the trial judge taken pursuant to Fla.R.Civ.P. 1.540. The final judgment set aside was a voluntary dismissal entered in open court pursuant to Fla.R.Civ.P. 1.420(a)(1)(i). The petitioner urges that the trial court was without jurisdiction to reinstate the action where the plaintiff had exercised her absolute right to voluntarily...

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