Tuesday, June 1, 2010

Voluntary Dismissal Entitles Party To Prevailing Party Attorneys Fees

In Black Diamond Properties, Inc. v. Haines (5D09-894), the Fifth District held that a party is entitled to prevailing party attorneys fees when a plaintiff voluntarily dismisses an action.  The court stated:
Our court has held that a defendant is a prevailing party when the plaintiff  voluntarily dismisses an action pursuant to rule 1.420(a)(1) and, therefore, the defendant is entitled to recover attorney's fees under a prevailing party attorney's fee statute. Vidibor v. Adams, 509 So. 2d 973 (Fla. 5th DCA 1987). Additionally, a prevailing party is entitled to recover an award of costs pursuant to rule 1.420(d) of the Florida Rules of Civil Procedure following a voluntary dismissal.


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