Real property — Partition — Uniform Partition of Heirs Property Act — Civil procedure — Voluntary dismissal — Notice of voluntary dismissal filed by plaintiff was prohibited by rule 1.420(a) and void where defendant fully complied with co-tenant buyout order by delivering certified funds for ordered amount to plaintiff’s attorneys and notice of voluntary dismissal was filed after receipt of funds — Further, voluntary dismissal was prohibited while funds delivered to plaintiff’s counsel were within court’s constructive custody — No merit to argument that plaintiff was entitled to voluntarily dismiss action because funds were not deposited in court registry as required by Uniform Partition of Heirs Property Act where plaintiff expressly agreed to alternative depository by submitting proposed buyout order requiring delivery of funds to his attorney — Notice of voluntary dismissal vacated — Property interest is transferred and reallocated
Legal Topics
Real property — Partition — Uniform Partition of Heirs Property Act — Civil procedure
Nov 19th, 2024 in by admin