AMBORY v. AMBORY

No. 83-640.

442 So.2d 1087 (1983)

Rita E. AMBORY, Jacqueline A. Ambory, and Donald E. Ambory, Who Sues by His Next Friend and Guardian, Rita E. Ambory, Appellants, v. Vivian L. AMBORY, Appellee.

District Court of Appeal of Florida, Second District.

December 21, 1983.


Attorney(s) appearing for the Case

Daniel D. Peck of Peck & Peck, Naples, for appellants.

Michael J. Volpe of Monaco, Cardillo, Keith & Volpe, Naples, for appellee.


BOARDMAN, Judge.

Appellants appeal a final order entered by the trial court dismissing with prejudice their amended complaint. We reverse.

After a hearing held on February 14, 1983, on appellee's motion to dismiss, the trial judge orally announced that he was granting the motion. The next day the attorney for appellee received a letter from appellants advising that they had filed a notice of voluntary dismissal. On March 1, 1983, the trial court entered its...

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