Posted by Nydia Streets of Streets Law in Florida Divorce
What is the effect of voluntarily dismissing a Florida divorce case? Under the rules of procedure, the person filing a petition for divorce is authorized to voluntarily dismiss it at any time before a hearing on a motion for summary judgment or before submission of the case to the court for a decision. Once a case is voluntarily dismissed, the court loses jurisdiction to make any further rulings in the case and it is considered closed. This was an issue in the case Pettineroli v. Pettineroli, 3D23-1555 (Fla. 3d DCA November 27, 2024).
The wife in this case filed a petition for dissolution of marriage. She included a proposed marital settlement agreement. The husband filed an answer, waiver and request for a copy of the final judgment. One month later, the wife filed a voluntary dismissal of the petition. The husband objected, arguing he had already complied with parts of the agreement, and made payment to the wife in reliance on the agreement. The trial court ratified the dismissal, and the husband appealed.
The appellate court affirmed holding “Here, the wife voluntarily dismissed her petition in compliance with the limitations set forth in rule 12.420. See Fla. Fam. L. R. P. 12.420(a)(1)(A). The husband had not filed a counterpetition and the trial court had yet to ratify the proposed marital settlement agreement. Under these circumstances, the wife was authorized by rule to abandon her effort to dissolve the marriage, and ‘[t]he trial court ha[d] no authority or discretion to deny the voluntary dismissal.’ Pino, 121 So. 3d at 31. Accordingly, ‘[t]he dismissal [was] effective upon service.’ Id.”
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