Sontag Investment Co. v. Nautilus Realty Co.

Citations

• 78 Fla. 529
• 83 So. 389

Syllabus

<p>1. While there is no doubt of the general proposition that a complainant in an equity suit may dismiss his bill at any time before the hearing, it is equally well settled that he cannot ■ do so without an order of court, a practice which implies a certain discretion on the part of the court to refuse such order, if, under the particular facts of the case, a dismissal would be prejudicial to the rights of the defendant.</p> <p>2. While the court may, upon motion of the complainant, dismiss an equity cause without prejudice iat any time, when the dismissal would not materially prejudice the rights of the defendant, yet if the defendant has entitled himself to affirmative relief, or to hearing and disposition of the ease on the merits, or has acquired s'ome substantial right in the cause, or will be seriously prejudiced by a dismissial, or where unnecessary and prolonged ligitation is apparent, or an agreement will be violated, or where it is inequitable, the cause will not be dismissed without prejudice; but the mere burden, expense and annoyance to the defendant of another suit in the same controversy is not generally regarded ¡as a sufficient ground for denying complainant’s application to dismiss without prejudice.</p> <p>3. Where a dismissal of an equity cause without prejudice is refused upon a proper application of the above principles, • the ruling will not be disturbed.</p> <p>4. An order of ¡a chancellor dismissing an equity cause without prejudice, will not be reversed unless a violation of some applicable principle of law, or an abuse of discretion to the material dertiment of the party affected by the ruling, clearly appears.</p> <p>5. Where the allegations 'of a bill in equity that are ¡admitted by demurrer tend to show a right to some relief upon appropriate allegations and prayer and requisite proofs, a motion of tbe complainant to dismiss the cause without prejudice when no other steps in the cause have been taken, should be granted when apparently