{"id":22575,"date":"2023-07-27T02:59:05","date_gmt":"2023-07-27T02:59:05","guid":{"rendered":"https:\/\/probatestars.com\/?p=22575"},"modified":"2023-08-19T10:59:40","modified_gmt":"2023-08-19T10:59:40","slug":"can-you-dismiss-your-case-after-the-judge-rules-against-you-from-the-bench-but-before-the-written-ruling","status":"publish","type":"post","link":"https:\/\/probatestars.com\/can-you-dismiss-your-case-after-the-judge-rules-against-you-from-the-bench-but-before-the-written-ruling\/","title":{"rendered":"Can You Dismiss Your Case After the Judge Rules Against You From the Bench But Before the Written Ruling?"},"content":{"rendered":"
In litigation, oftentimes the judge will issue an oral ruling from the bench before issuing a written order.\u00a0 In many cases, the trial judge will ask the parties to submit a draft written order that conforms to the judge’s verbal ruling. A Florida appellate court, in Grommers v. Correa<\/a>, 3D23-0274 (3rd DCA 2023), held that after a hearing on a number of motions in a guardianship proceeding wherein the trial court issued verbal rulings, the voluntary dismissal of the action by the petitioner divested the trial court of jurisdiction to enter its written orders.<\/p>\n Apparently, the hearing was held and the judge issued verbal rulings adverse to the petitioner.\u00a0 Shortly after the hearing but before the trial court judge issued written rulings, the petitioner dismissed his actions.\u00a0 The trial court nevertheless issued its written rulings, and the petitioner sought to quash the trial court’s orders.<\/p>\n Florida law is pretty well established that verbal rulings have no weight in Florida – only the written orders have effect.\u00a0 And the voluntary dismissal of action does truly end most, if not all, of the court’s jurisdiction over a matter.<\/p>\n Even\u00a0 where a plaintiff or petitioner files a notice of voluntary dismissal after the trial court orally announces a ruling at a hearing, the trial court acts in excess of its jurisdiction when it subsequently enters a written order of its ruling.\u00a0 wo Islands Dev. Corp., 239 So.3d at 125; Semerena, 248 So.3d at 231. Thus, Grommers’ voluntary dismissal terminated his action, and the trial court was thereafter divested of jurisdiction to “memorialize” its December 22nd rulings in the January 25th order.<\/p><\/blockquote>\n