Release with Prejudice

[wesgoat]

My question involves court procedures for the state of: florida

I am involved in a civil lawsuit with several other defendents. One of the defendents was released with prejudice. This was done just before a partial summary judgement hearing was scheduled. I answered the summary judgement motion and questioned why the one defendent was released since I had signed the exact same documents that he had. The planitiffs attorney called me the next day and told me that they received a monetary settlement from the defendent and asked if I wanted to settle. He asked me again the morning before the partial summary hearing. Does the plaitiff's attorney not have to disclose of this settlement to the courts?

[Mr. Knowitall]

It appears that this court rule would apply:

(a) Voluntary Dismissal.

(1) By Parties. Except in actions in which property has been seized or is in the custody of the court, an action may be dismissed by plaintiff without order of court (A) before trial by serving, or during trial by stating on the record, a notice of dismissal at any time before a hearing on motion for summary judgment, or if none is served or if the motion is denied, before retirement of the jury in a case tried before a jury or before submission of a nonjury case to the court for decision, or (B) by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication on the merits when served by a plaintiff who has once dismissed in any court an action based on or including the same claim.

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(Read the whole rule in this PDF).

[lwpat]

You are free to call the other Defendant and ask.