BURNS v. LAW OFFICES OF LYNWOOD ARNOLD (2021)

The circuit court presiding over a lawsuit brought by the Law Offices of Lynwood Arnold, P.A. against Gayle Burns entered an order that, among other things, set aside a mediated partial settlement agreement. Thereafter, the P.A. moved for relief pursuant to Florida Rule of Civil Procedure 1.540, pointing out that the P.A. had voluntarily dismissed its suit prior to entry of the order and for that reason the court had lacked jurisdiction to enter it. The court granted the P.A.'s motion and vacated the order.

On appeal, Burns maintains that (1) the voluntary dismissal was ineffective because the P.A. had derived some benefit from the settlement agreement; (2) the now-vacated order, which directed the P.A. to return any payments received under the settlement agreement, effectively constituted a counterclaim that precluded a voluntary dismissal; and (3) the same order amounted to a judgment on the pleadings that similarly prevented a voluntary dismissal. We have considered each of these arguments and find them to be without merit.

Affirmed.

PER CURIAM.

NORTHCUTT, LaROSE, and STARGEL, JJ., Concur.