Regions Bank v. Austin & Laurato, P.A.

Summary

The Florida Fifth District Court of Appeal held that Austin & Laurato, P.A.’s notice of voluntary dismissal was void because it was filed after a hearing on competing summary judgment motions. The court reversed the order denying Regions Bank’s motion for relief, directed the trial court to strike the notice of voluntary dismissal, and remanded for further proceedings.

Holdings

1. A notice of voluntary dismissal filed after a summary judgment hearing is a nullity and is therefore void.
2. When the underlying judgment or order is void, the trial court has no discretion under Rule 1.540(b)(4) and must grant appropriate relief.

Questions Presented

1. Whether a plaintiff may file a notice of voluntary dismissal under Florida Rule of Civil Procedure 1.420(a)(1) after a hearing on a motion for summary judgment.
2. Whether the trial court erred in denying Regions Bank's Rule 1.540 motion for relief from the post-summary-judgment notice of voluntary dismissal.

Disposition

reversed_and_remanded