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FITZGERALD v. FITZGERALD

No. 2D00-5313.

790 So.2d 1216 (2001)

Donald L. FITZGERALD, Petitioner, v. Darlene M. FITZGERALD, Respondent.

District Court of Appeal of Florida, Second District.

August 8, 2001.

Attorney(s) appearing for the Case

R. Kimber Martin, Port Charlotte, for Petitioner.

Ann Campbell White, Venice, for Respondent.

ALTENBERND, Acting Chief Judge.

Donald L. Fitzgerald seeks a writ of certiorari quashing the trial court's order that refused to give effect to his notice of voluntary dismissal in this dissolution proceeding. Although we suspect this is a pyrrhic victory, we conclude that the trial court departed from the essential requirements of the law when it "denied" Mr. Fitzgerald's notice of voluntary dismissal.

Mr. Fitzgerald filed a dissolution proceeding against...

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