26 Fla. L. Weekly Supp. 896b
Online Reference: FLWSUPP 2611RRAMInsurance — Voluntary dismissal — Timeliness of notice — Notice of voluntary dismissal filed ten calendar days after hearing on insurer’s motion for final summary judgment is untimely — Motion to strike is granted
RAUDEL RAMIREZ, Plaintiff, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 18-CA-006714 (H), Civil Division. January 2, 2019. Emmett Lamar Battles, Judge. Counsel: Timothy A. Patrick, Patrick Law Group, P.A., Tampa; and Joseph E. Nicholas, Nicholas Law Group, PLLC, Tampa, for Plaintiff. Diane Cassie Bermudez, Progressive PIP House Counsel, Tampa, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION TO STRIKEPLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL
THIS CAUSE having come before the Court for consideration on Defendant’s Motion to Strike Plaintiff’s Notice of Voluntary Dismissal (certificate of service December 28, 2018) and the Court being otherwise advised in the premises, it is hereupon,
ORDERED AND ADJUDGED that pursuant to Florida Rule of Civil Procedure 1.420(a)(1), Plaintiff’s Notice of Voluntary Dismissal was untimely as it was filed 10 calendar days after the hearing on Defendant’s Motion for Final Summary Judgment. See Visoly v. Bodek, 602 so. 2d 979 (Fla. 3d DCA 1992). As such, Defendant’s Motion to Strike is hereby GRANTED.
