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Blain v. Blain

District Court of Appeal of Florida, Third District
Mar 10, 2011
54 So. 3d 547 (Fla. Dist. Ct. App. 2011)

Opinion

No. 3D11-111.

January 31, 2011. Rehearing Denied March 10, 2011.

A Case of Original Jurisdiction — Prohibition.

Louis C. Arslanian, Hollywood, for petitioner.

Kim A. Marjenhoff, Fort Lauderdale, for respondent.

Before SHEPHERD, LAGOA, and EMAS, JJ.


Denied. See Select Builders of Fla., Inc. v. Wong, 367 So.2d 1089, 1091 (Fla. 3d DCA 1979) ("[W]e find the court to be correct in striking the voluntary dismissal and reinstating the matter to prevent a fraud on the court."); accord Tobkin v. State, 777 So.2d 1160, 1163-64 (Fla. 4th DCA 2001) ("Florida courts have determined that this right to dismiss [voluntarily] is almost absolute. An exception to this absolute right arises where the party taking the voluntary dismissal perpetrates a fraud on the court.") (citations omitted).


Summaries of

Blain v. Blain

District Court of Appeal of Florida, Third District
Mar 10, 2011
54 So. 3d 547 (Fla. Dist. Ct. App. 2011)
Case details for

Blain v. Blain

Case Details

Full title:Guy BLAIN, Petitioner, v. Maria BLAIN, Respondent

Court:District Court of Appeal of Florida, Third District

Date published: Mar 10, 2011

Citations

54 So. 3d 547 (Fla. Dist. Ct. App. 2011)

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