KAC 2021 LLC v. YOSS PRASHKOVSKY LLC (2024)

District Court of Appeal of Florida, Fourth District.

KAC 2021-1, LLC, as assignee of Kanesha Stokes, Appellant, v. YOSS PRASHKOVSKY, LLC d/b/a San Marco I Apts, Appellee.

No. 4D2023-0810

Decided: July 10, 2024

Brian Korte of Korte & Associates, LLC, Singer Island, for appellant. No answer brief filed for appellee.

KAC 2021-1, LLC (“KAC”) appeals an order dismissing its complaint with prejudice, which the county court entered after KAC filed and served a timely notice of voluntary dismissal under Florida Rule of Civil Procedure 1.420(a)(1).

The notice of voluntary dismissal divested the county court of jurisdiction to enter a subsequent order dismissing the case with prejudice. See Pino v. Bank of N.Y., 121 So. 3d 23, 32 (Fla. 2013); Aero Toy Store, Inc. v. Sherwin Williams Co., 725 So. 2d 1267, 1268 (Fla. 4th DCA 1999). Accordingly, we reverse for the county court to vacate the order of dismissal.

Reversed.

Per Curiam.

Klingensmith, C.J., Gross and Forst, JJ., concur.

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