Alicia files a claim against Roberta. Alicia changes her mind and wants to dismiss the action. According to Florida's procedures, must Alicia seek the court’s approval?

If Alice changes her mind and wants to dismiss a claim she made against Roberta, she should be able to do so separate from any court approval. Florida's rule 1.190 permits "a party to so amend a pleading in a fashion that effectively drops particular parties or particular claims."

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Alicia flies a claim against Roberta. Alicia changes her mind and wants to dismiss the action. Must Alicia seek the court’s approval?

That's a good question. In Florida, it depends on the county Alicia is in. According to Florida's court system website:

Practice and procedure may vary from county to...

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Alicia flies a claim against Roberta. Alicia changes her mind and wants to dismiss the action. Must Alicia seek the court’s approval?

That's a good question. In Florida, it depends on the county Alicia is in. According to Florida's court system website:

Practice and procedure may vary from county to county. The clerk of court in the county where the action is filed should be contacted for local practices and procedures.

If you live in Sarasota, Florida, the answer might be different than if you live in Palm Beach.

Generally speaking, if Alicia's claim is a "small claim," then she should be able to drop it without seeking a judge's approval.

Say Alicia is claiming that Roberta owes her $300. Roberta doesn't pay, so Alicia makes a claim in Florida's Small Claims Court. Shortly after, Roberta tells Alicia that she's had some struggles and money issues, which is why she hasn't been able to repay her. Out of generosity, Alicia drops the claim.

Alicia can drop the claim because she's nice and because of Florida's rule 1.190, which permits "a party to so amend a pleading in a fashion that effectively drops particular parties or particular claims."

However, if Alicia was making a different type of claim against Roberta, one that involved domestic violence, then it might be much harder to take back the claim.

In other states and cities across America, like Seattle, once a domestic violence charge is filed, only the prosecutor has the power to take it back.

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