Ginsburg v. Carney
Docket: No. 87-781
Court: District Court of Appeal of Florida; November 5, 1987; Florida; State Appellate Court
In June 1986, Ginsburg initiated a lawsuit against employees Carney and Shepherd, alleging they conspired to misappropriate funds from his business. The funds were held by Carney, who transferred them to his attorney, subsequently placing them in the court's registry. Ginsburg was ordered to appear for a deposition within thirty days but could not attend due to a scheduling conflict. To comply with the court's order and avoid penalties, Ginsburg's attorney submitted a notice of voluntary dismissal without prejudice under Florida Rule 1.420(a)(1)(i). In response to this dismissal, Carney moved to withdraw the funds from the court’s registry, which the trial court granted. Ginsburg appealed this order. The appellate court found that Ginsburg's procedural error in filing for voluntary dismissal did not harm him. According to Rule 1.420(a)(1), a plaintiff may dismiss an action without a court order, except when property is in the custody of the court. Since the funds in question were indeed under the court's custody, Ginsburg's voluntary dismissal was ineffective. Consequently, the order allowing Carney to withdraw the funds was deemed a nullity. The appellate court vacated the order permitting Carney's withdrawal and remanded the case for further proceedings in accordance with its opinion. Judges Schoonover and Lehan concurred in this decision.