HESTON v. VITALE

No. 83-390.

432 So.2d 744 (1983)

Frank Joseph HESTON, Frank Joseph Heston, P.A., and Lawyers Professional Liability Insurance Company, Petitioners, v. Honorable Linda L. VITALE, Respondent.

District Court of Appeal of Florida, Fourth District.

June 8, 1983.


Attorney(s) appearing for the Case

William R. Scherer of Conrad, Scherer & James, Fort Lauderdale, for petitioners.

Kenneth D. Stern of Lavalle, Wochna, Rutherford & Brown, P.A., Boca Raton, for respondent.


HURLEY, Judge.

By petition for writ of prohibition we are asked to review a trial court's decision which reinstated a cause of action for two corporate plaintiffs that had previously filed notices of voluntary dismissal. We hold that the trial court acted in excess of its jurisdiction and, therefore, we grant the writ.

Initially, four plaintiffs filed suit against various defendants. As the litigation progressed, two corporate plaintiffs filed notices of voluntary...

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