Associated Energy Group, LLC v. Costa
Associated Energy Group sued guarantors in Florida, voluntarily dismissed that action, sued in Texas, then dismissed only the guarantors (leaving claims against the corporate obligor pending), and refiled in Florida. The trial court granted summary judgment for the guarantors under the two-dismissal rule, Fla. R. Civ. P. 1.420(a)(1). The Third District reversed, holding the rule applies only when the entire action against all defendants is voluntarily dismissed.
Key facts
- Associated Energy Group sued guarantors in Florida, voluntarily dismissed that action, then sued in Texas against both guarantors and a corporate obligor.
- Associated Energy Group voluntarily dismissed only the guarantor defendants in Texas while leaving claims against the corporate obligor pending in that action.
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Why it matters
The opinion adopts and extends the Fourth District's Dave Hess rule in the Third District, giving litigators clear authority that a partial voluntary dismissal — even of all claims against a particular defendant — does… — full analysis with a trial
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