Tilghman Cypress Co. v. John R. Young Co.

Citations

• 60 Fla. 382

Syllabus

<p>1. While the court may upon motion of the complainant dismiss an equity cause without prejudice at 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 a hearing and disposition of the case on the merits, or has acquired some substantial right in the cause, or will be seriously prejudiced by a dismissal, or where unnecessary and prolonged litigation 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>2. Where a defendant in equity seeks no affirmative relief, and has not set the cause down for hearing on bill, answers and replications after the time for taking testimony has expired more than a year and no testimony taken, a dismissal of the bill without prejudice at the instance of the complainants will not be reversed, where no positive agreement is violated, and no inequitable circumstances appear other than the burden of another suit on the same controversy, particularly where an ap- . plication of complainants to make new parties defendant had been denied, even though the denial may have been because of complainant’s laches.</p>