Friday, May 20, 2011

Attorney Fee Award After Voluntary Dismissal Reversed

In Guarantee Insurance Company v. Worker's Temporary Staffing Inc. (5D10-1905), the Fifth District reversed the trial court's order awarding attorneys' fees after a voluntary dismissal. The court stated:
Appellant challenges the judgment awarding attorney's fees and costs to Appellee, pursuant to section 627.428, Florida Statutes (2006), after Appellant voluntarily dismissed (without prejudice) its action for unpaid premiums. Because the voluntary dismissal was neither a judgment nor the functional equivalent of a confession of judgment - a precondition to an award under section 627.428 - we reverse.


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