In the noted case, the Florida Supreme Court held that the right to take a voluntary dismissal is absolute and can be had even after the judge has granted defendant's motion for a directed verdict. The author, after reviewing the history and case law on voluntary dismissals, concludes that although the decision was a correct one in light of the Florida Rule of Civil Procedure 1.420 (a)(1), the purpose of the rule would be better served if it were revised so as to put greater limitations on the availability of a voluntary dismissal by a plaintiff.
Henry A. Lopez-Aguilar,
Expanded Right to Voluntary Dismissal Upheld,
30 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol30/iss4/14