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RYDER SYSTEM, INC. v. O'CONNOR

No. 77-2326.

369 So.2d 980 (1979)

RYDER SYSTEM, INC., Appellant, v. Leslie Jack O'CONNOR, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 11, 1979.

Attorney(s) appearing for the Case

Ronald P. Weil, of Fowler, White, Burnett, Hurley, Banick & Knight, Miami, for appellant.

Larry Klein and Frates & Mathison, West Palm Beach, for appellee.

LETTS, Judge.

This cause is affirmed.

We have given careful consideration to Judge Stettin's well reasoned dissent, but cannot agree with his conclusion.

The point he believes to be controlling was not raised on appeal. Notwithstanding we would adopt the dissent, but for the existing counterclaim. Fla.R.Civ.P. 1.420(a)(2) clearly mandates that a voluntary dismissal cannot be taken save by leave of court, when a counterclaim has been filed. This vital...

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