22 Fla. L. Weekly Supp. 1065b
Online Reference: FLWSUPP 2209DURAInsurance — Personal injury protection — Voluntary dismissal entered by mistake is vacated
MRI ASSOCIATES OF PALM HARBOR, INC. D/B/A PALM HARBOR MRI, a Florida Corp. (a/a/o Durava, Dennis), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County. Case No. 13-005608-SC. March 17, 2015. Edwin B. Jagger, Judge. Counsel: William Moon, Florida Advocates, Dania Beach, for Plaintiff. Kristin Smith Coad, Conroy Simberg, Tampa, for Defendant.
ORDER
THIS CAUSE having come on to be heard on Plaintiff’s Motion to Set Aside Order of Dismissal and the Court having heard argument of counsel, and being otherwise advised, in the Premises, it is hereupon,
ORDERED AND ADJUDGED that said Motion be, and the same is hereby:
GRANTED. This is a PIP case wherein the Plaintiff inadvertently filed a voluntary dismissal on the incorrect case due to miscommunication. Plaintiff moved to vacate the dismissal under Fla. R. Civ. P. 1.540(b) based on mistake, inadvertence, and excusable neglect.
The Court has jurisdiction to set aside a dismissal where the dismissal was the result of mistake. The Court has jurisdiction to determine if the voluntary dismissal filed by the Plaintiff was done so out of mistake, inadvertence or neglect. See Miller v. Fortune Ins. Co., 484 So.2d 1221 (Fla. 1986).
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