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ASX INV. CORP. v. NEWTON

No. 97-3562.

183 F.3d 1265 (1999)

ASX INVESTMENT CORP., Plaintiff-Appellant, v. R. Park NEWTON, III, and Assix International, Inc., a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 11, 1999.

Attorney(s) appearing for the Case

Timothy A. Andreu, Hoyt, Colgan & Andreu, Tampa, FL, Jeffrey M. Goldstein, Spector, Gadon & Rose, P.C., Philadelphia, Pa, for Plaintiff-Appellant.

James Maxwell Landis, Monta M. King, Susan Greco Tuttle, Foley & Lardner, Tampa, FL, Tracy S. Carlin, Foley & Lardner, Jacksonville, FL, for Defendants-Appellees.

Before ANDERSON, Chief Judge, BLACK, Circuit Judge, and STAFFORD, Senior District Judge.

BLACK, Circuit Judge:

Appellant ASX Investment Corp. appeals the district court's dismissal of its complaint under the Fed.R.Civ.P. 41(a)(1) two dismissal rule. We hold the dismissal of Appellant's Delaware state case upon Appellant's motion and court order did not constitute a first dismissal implicating the two dismissal rule and therefore reverse.

I. BACKGROUND

Since 1994, Appellant has filed three actions against Appellees Assix International...

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