Fifth DCA Case: What is Florida’s “Two-Dismissal” Rule?

Have been damaged by another’s intention interference with   your expectancy of a Palm Beachinheritance? Did you know you might be entitled to relief from the civil court in and for West Palm Beach? Do you know how to properly bring this action? If not you may need to dismiss the case voluntarily and re-file. Do you know how many times you can do this before the court says enough is enough? You may want to review Florida’s two-dismissal rule before you go file your case. Learn more from this Fifth District Court of Appeals case on the two-dismissal rule in Florida civil courts.

Voluntary Dismissal

• A party can voluntarily dismiss their Delray Beach civil action for tortious interference with an expectancy or inheritance interest.
• Why would you do that?
• You may have to amend.
• Even experienced Palm Beach probate litigators have to amend their complaints sometimes, as facts and circumstances change.
• How many times can you do this?
• The general rule in Florida is that everybody gets at least one chance at a voluntary dismissal.
• In other words you can file a claim and voluntarily dismiss it once and it will be a dismissal without prejudice that allows you to re-file the case again.
• Often times after the first dismissal a second voluntary dismissal will be with prejudicemeaning you cannot re-file.
• Do you know the exceptions to this rule?
• Are you prepared to file a perfect complaint in one or two tries?

Cypress Fairway Condo Association v. Cypress Madison Ownership Co.

• The Fifth District Court of Appeals was tasked with interpreting the two dismissal rule in a May 1,2015 case.
• The question before the court was whether or not notice of a voluntary dismissal operates as an adjudication on the merits when it is preceded by an “agreed order” granting a defense motion to dismiss the case with leave to amend.
• The court concluded that it did not, and reversed the case back to the lower courts.
• Do you agree?
• What happens if you are a pro-se litigant who is trying to navigate the waters of the West Palm Beach civil court system, is one try enough?

Want to learn more?

Check out the entire case here.