Tuesday, March 22, 2011

Rule 1.540 Allows A Party To Set Aside It's Own Dismissal

In Wells Fargo Bank, NA v. Haecherl (4D09-4569), the Fourth District reversed the trial court's order concluding that it did not have jurisdiction to consider a motion to vacate notice of voluntary dismissal. The interesting thing about this case is that the appellant was seeking to vacate it's own voluntary dismissal. The court noted that Rule 1.540, which allows a party to seek relief from a dismissal, applies to any party that is impacted by the dismissal. Therefore: "Here, appellant was adversely impacted by the notice of voluntary dismissal, and was therefore entitled to seek relief pursuant to the rule."


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