ANDERSON v. WATSON

No. 85-697.

475 So.2d 1315 (1985)

Lauren Frank ANDERSON, Misener Marine Construction Company and International Insurance Company, Appellants, v. Donald E. WATSON, Appellee.

District Court of Appeal of Florida, Second District.

September 25, 1985.


Attorney(s) appearing for the Case

Michael S. Rywant of Prugh & Rywant, Tampa, for appellant Anderson.

H. Vance Smith of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellant Misener Marine Const. Co.

Thomas J. Roehn of Annis, Mitchell, Cockey, Edwards & Roehn, P.A., Tampa, for appellant Intern. Ins. Co.

E.B. Rood, Tampa, for appellee.


RYDER, Chief Judge.

The defendants appeal a trial court order which granted the plaintiff's motion to expunge the words "with prejudice" from a notice of voluntary dismissal under Florida Rule of Civil Procedure 1.540(b). We reverse.

A voluntary dismissal under Florida Rule of Civil Procedure 1.420(a)(1)(i) divests a trial court of jurisdiction to relieve a plaintiff of the dismissal. Randle-Eastern Ambulance Service, Inc. v. Vasta,

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