3DBLAIN V. BLAIN

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Third District Court of Appeal State of Florida, January Term, A.D. 2011 Opinion filed January 31, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D11-111 Lower Tribunal No. 10-615 ________________ Guy Blain, Petitioner, vs. Maria Blain, Respondent. A Case of Original Jurisdiction Prohibition. Louis C. Arslanian, (Hollywood), for petitioner. Kim A. Marjenhoff, (Fort Lauderdale), for respondent. Before SHEPHERD, LAGOA, and EMAS, JJ. PER CURIAM. Denied. See Select Builders of Fla., Inc. v. Wong, 367 So. 2d 1089, 1091 (Fla. 3d DCA 1979) ( [W]e find the court to be correct in striking the voluntary dismissal and reinstating the matter to prevent a fraud on the court. ); accord Tobkin v. State, 777 So. 2d 1160, 1163-64 (Fla. 4th DCA 2001) ( Florida courts have determined that this right to dismiss [voluntarily] is almost absolute. An exception to this absolute right arises where the party taking the voluntary dismissal perpetrates a fraud on the court. ) (citations omitted). 2

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