Pretrial Procedure Flashcards
When should an action against a defendant be dismissed?
In Florida, when a plaintiff fails to appear at trial after proper notice, the action should be dismissed. However, if the defendant has filed a counterclaim, he should proceed to try the counterclaim if the plaintiff does not appear, and neither a default nor a directed verdict should be entered on the counterclaim.
How does a party seek to dismiss a case?
In Florida, a party seeking affirmative relief ordinarily has the right to dismiss his action once without an order of court by serving a notice of dismissal at any time before a hearing on a motion for summary judgment or, if no motion for summary judgment is served or if the motion is denied, before retirement of the jury in a jury action or before submittal of a non-jury action to the court for decision.
