Posts tagged Conditional Notices of Voluntary Dismissal.
In Wells Fargo Bank v. Lauri Mailloux, 2D14-5116 (Fla. 2d DCA October 30, 2015), the Second District Court of Appeal held that the inclusion of language purporting to render a notice of voluntary dismissal conditional upon an agreement between the parties which did not exist served to invalidate entirely the effect of the notice. Specifically, the Plaintiff is the case dismissed its foreclosure " expressly … conditional upon Plaintiff and the Defendants agreeing to pay their own attorneys' fees and costs." Unfortunately, as the Plaintiff stipulated for purposes of appeal, no ...
Posted in: Florida, Second Circuit
Tags: burr forman, Conditional Notices of Voluntary Dismissal, Consumer Finance Litigation, Consumer Finance Litigation & Arbitration, Consumer Finance Litigation blog, florida, Second District Court of Appeal, Tunison v. Bank of America, voluntary dismissal, Wells Fargo Bank v. Lauri Mailloux