40 Fla. L. Weekly D705a
Torts — Legal malpractice — Arbitration — Jurisdiction — Where plaintiff served notice of voluntary dismissal of one of defendants after that defendant had filed motion to compel arbitration, trial court was without jurisdiction to order that defendant to proceed with arbitration — Notice of voluntary dismissal terminated trial court’s jurisdiction over party
the plain language of Florida’s rule 1.420(a)(1) does not take into account a plaintiff’s motive in seeking the dismissal, nor does it expressly preclude a plaintiff from taking a dismissal where the objective is tactical. In fact, the rule presupposes that the plaintiff will have a tactical reason for voluntarily dismissing its lawsuit at a particular point in time.
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