22 Fla. L. Weekly Supp. 1094b
Online Reference: FLWSUPP 2209CHERInsurance — Notice of voluntary dismissal filed after defendant filed confession of judgment is legal nullity and is stricken
DOUGLAS PRICE, P.A., D/B/A FLORIDA PAIN, TRAUMA, & INJURY CLINIC, as assignee of Nehemie Chery, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims. Case No. 14-CC-009868, Division I. March 18, 2015. Honorable Joelle Ann Ober, Judge. Counsel: Terrence Swartz, Nicholas Law Group, PLLC, Tampa, for Plaintiff. Steven T. Sock, Dutton Law Group, Tampa, for Defendant.
ORDER ON DEFENDANT’S MOTION TO STRIKEPLAINTIFF’S NOTICE OF VOLUNTARYDISMISSAL AND FOR ENTRY OF FINAL JUDGMENT
THIS CAUSE having come before the Court upon Defendant’s Motion to Strike Voluntary Dismissal and for Entry of Final Judgment, and argument having been heard by this Court on March 3, 2015, having been fully advised in the premises, it is ORDERED AND ADJUDGED that:
1. Defendant’s Motion is GRANTED.
2. The Court finds Defendant’s case law compelling that the Court is divested of jurisdiction with the filing of a Notice of Confession of Judgment.
3. The Plaintiff’s filing of a voluntary dismissal after Defendant’s Confession of Judgment is a legal nullity as the issue became moot when the controversy was fully resolved by Defendant’s tendering of the full amount plead in the complaint.
4. Defendant does not contest Plaintiff’s entitlement to reasonable attorney’s fees and costs.
5. The Court reserves jurisdiction to consider all matters ancillary hereto.
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