DYER v. STEWART TITLE GUARANTY COMPANY, 2:11-cv-577-FtM-38DNF. (2014)
Court: District Court, M.D. Florida
Number: infdco20141010797
Visitors: 8
Filed: Oct. 09, 2014
Latest Update: Oct. 09, 2014
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Plaintiff Michelle A. Dyer's Notice of Voluntary Dismissal With Prejudice (Doc. #100) filed on October 7, 2014. Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure allows a plaintiff to dismiss a case voluntarily without a court order. Rule 41(a)(1)(A) reads, in pertinent part, that [s]ubject to Rules 23(e), 23.1, 23.2 and 66 and any applicable federal statute, the plaintiff may dismiss an action
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Plaintiff Michelle A. Dyer's Notice of Voluntary Dismissal With Prejudice (Doc. #100) filed on October 7, 2014. Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure allows a plaintiff to dismiss a case voluntarily without a court order. Rule 41(a)(1)(A) reads, in pertinent part, that [s]ubject to Rules 23(e), 23.1, 23.2 and 66 and any applicable federal statute, the plaintiff may dismiss an action w..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Plaintiff Michelle A. Dyer's Notice of Voluntary Dismissal With Prejudice (Doc. #100) filed on October 7, 2014. Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure allows a plaintiff to dismiss a case voluntarily without a court order. Rule 41(a)(1)(A) reads, in pertinent part, that
[s]ubject to Rules 23(e), 23.1, 23.2 and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing: (i) A notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) A stipulation of dismissal signed by all parties who have appeared.
Fed. R. Civ. P. 41(a)(1)(A).
In this instance, Defendant Harbor Funding Group, Inc. has not filed an answer or a motion for summary judgment; and Plaintiff voluntarily dismisses this case with prejudice under Rule 41(a)(1)(A)(i). (Doc. #100). The Court, therefore, dismisses this case with prejudice.
Accordingly, it is now
ORDERED:
(1) Plaintiff Michelle A. Dyer's Notice of Voluntary Dismissal With Prejudice (Doc. #100) is GRANTED.
(2) The Clerk of the Court is DIRECTED to enter judgment accordingly, terminate any pending motions, and close the file.
DONE and ORDERED.
FootNotes
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Source: Leagle
