SERVICE EXPERTS v. ELECTRICAL SERVICE, INC.

No. 2D09-5416.

56 So.3d 26 (2010)

SERVICE EXPERTS, LLC, d/b/a Service Experts of Tampa/St. Pete, Appellant, v. NORTHSIDE AIR CONDITIONING & ELECTRICAL SERVICE, INC.; John Brightwell; Anthony White; and Eric Zinkann, Appellees.

District Court of Appeal of Florida, Second District.

November 17, 2010.


Attorney(s) appearing for the Case

Marie A. Borland ; Benjamin H. Hill, III ; and William C. Guerrant of Hill, Ward & Henderson, P.A., Tampa, for Appellant.

G. Donovan Conwell, Jr. , and Dineen Pashoukos Wasylik of Conwell Kirkpatrick, P.A., Tampa, for Appellees.


VILLANTI, Judge.

This appeal arises from the trial court's order striking the notice of voluntary dismissal filed by Service Experts, LLC, and reinstating the action based on the common law exception to a plaintiff's right to voluntarily dismiss the complaint, as set forth in Ormond Beach Associates, Ltd. v. Citation Mortgage, Ltd., 835 So.2d 292 (Fla. 5th DCA 2002). Because the common law exception did not apply in...

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