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FISHER v. PUERTO RICO MARINE MANAGEMENT, INC.

No. 90-4049 Non-Argument Calendar.

940 F.2d 1502 (1991)

Barbara FISHER, Plaintiff-Appellant, v. PUERTO RICO MARINE MANAGEMENT, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 9, 1991.

Attorney(s) appearing for the Case

Courtney Johnson, Jacksonville, Fla., for plaintiff-appellant.

Michael J. Goldsberry, Gary Bubb, Toole, Bubb & Beale, P.A., Jacksonville, Fla., for defendant-appellee.

Before TJOFLAT, Chief Judge, KRAVITCH and EDMONDSON, Circuit Judges.

PER CURIAM:

A voluntary dismissal without prejudice is not a matter of right. Zagano v. Fordham University, 900 F.2d 12, 14 (2d Cir.1990); Fed.R.Civ.P. 41(a)(2). Although we have said that in most cases a voluntary dismissal should be allowed unless the defendant will suffer some plain prejudice other than the mere prospect of a second lawsuit, see Durham v. Florida East Coast...

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