SHAMPAINE INDUSTRIES, INC. v. SOUTH BROWARD HOSP. DIST.

No. 80-325.

411 So.2d 364 (1982)

SHAMPAINE INDUSTRIES, INC., and Affiliated Hospital Products, Inc., Appellants, v. SOUTH BROWARD HOSPITAL DISTRICT d/b/A Memorial Hospital of Hollywood, Appellee.

District Court of Appeal of Florida, Fourth District.

March 31, 1982.


Attorney(s) appearing for the Case

K. Jack Breiden of Pomeroy, Betts, Pomeroy & Moses, Fort Lauderdale, and Larry Klein, West Palm Beach, for appellants.

Steven R. Berger of Carey, Dwyer, Cole, Selwood & Bernard, Miami, for appellee.


OPINION ON REHEARING

ANSTEAD, Judge.

The issue presented here is whether Rule 1.540(b) Florida Rules of Civil Procedure, may be used to afford relief when a party asserts that a voluntary dismissal with prejudice was filed by reason of mistake, inadvertence or excusable neglect.1

The trial judge here determined that he had jurisdiction under Rule 1.540(b) to afford relief to the appellee who alleged that the words "with...

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