Nixon Peabody v. Super. Ct.
Annotate this CasePetitioner represented real parties in the purchase of two Florida golf clubs. In the underlying action, real parties filed suit alleging that petitioner failed in its duty to ensure proper disclosures were made to real parties. This proceeding concerns real parties' efforts to revive their case in the superior court. Petitioner seeks a writ of mandate directing the trial court to set aside its order granting real parties' motion to vacate their voluntary dismissal under Code of Civil Procedure section 473, subdivision (d) on the ground that the dismissal was void. The court concluded that, since the real parties' tactical decision to voluntarily dismiss the underlying case without prejudice was not a void judgment or order, the trial court had no authority to set aside the dismissal as void. Accordingly, the alternative writ is discharged and the court granted the writ of mandate.
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