In a race to the court house, a landlord narrowly avoided a ruling in favor of the tenant by filing a voluntary dismissal two hours before the court entered the judgment. On the landlord’s appeal of the judgment for the tenant, the circuit court wrote once the landlord filed a voluntary dismissal, “the trial court was without jurisdiction to enter a final judgment on the merits.” See Pino v. Bank of New York, 121 So. 3d 23, 32 (Fla. 2013) [38 Fla. L. Weekly S78a]; Colucci v. Greenfield, 547 So. 2d 224, 225 (Fla. 3d DCA 1989). [Editors note: in this case, the tenants were pro se, if they had had an attorney, the landlord would still be considered the “losing party” by filing a voluntary dismissal, and liable for the tenant’s attorney’s fees].
WILEY Appellants, v. JUPITER HOUSE LLC, Appellee. Circuit Court, 15th Judicial Circuit (Appellate) in and for Palm Beach County, Civil Division. Case No. 502013AP000061XXXXMB, Division AY. L.T. Case No. 502013CC008256XXXXMB. February 23, 2015. Appeal from the County Court in and for Palm Beach County, Judge Sandra Bosso-Pardo . 22 Fla. L. Weekly Supp. 1008a