Florida Southeast Connection, LLC v. 2.841 Acres of Land, More or Less, In Polk County, Florida et al

Filing 31

ORDER denying 30 --notice of voluntary dismissal filed by Florida Southeast Connection, LLC. Signed by Judge Steven D. Merryday on 6/3/2016. (BK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
FLORIDA SOUTHEAST
CONNECTION, LLC,
Plaintiff,
v.

CASE NO. 8:16-cv-679-T-23EAJ

2.841 ACRES OF LAND, MORE OR
LESS, IN POLK COUNTY, FLORIDA,
et al.,
Defendants.
____________________________________/

ORDER
The plaintiff announces (Doc. 30) a dismissal under Rule 71.1(i)(1)(A), which
states, “If no compensation hearing on a piece of property has begun, and if the
plaintiff has not acquired title or a lesser interest or taken possession, the plaintiff
may, without a court order, dismiss the action as to that property by filing a notice of
dismissal.” However, the parties filed (Doc. 27) a “stipulation for immediate
possession,” which states that the plaintiff “may immediately access and possess” the
easements described in the complaint. Because the plaintiff acquired an interest in
the easements, and because no compensation hearing has occurred, the plaintiff may
not dismiss this action under Rule 71.1(i)(1)(A). See In re Appropriation by City of
Bethlehem of Prop. of Fox, Hanover Tp., Northampton County, Pa., 181 F. Supp. 875, 877
(E.D. Pa. 1960) (Grim, J.) (“While the right to immediate possession does not

amount to title, it certainly constitutes a ‘lesser interest’ within the meaning of the
Rule, sufficient to prevent the City’s taking a voluntary dismissal of the action.”).
Accordingly, the notice (Doc. 30) of dismissal is DENIED.
ORDERED in Tampa, Florida, on June 3, 2016.

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