THE STATE OF FLORIDA, APPELLANT,

v.

MIGUEL SAGRE, APPELLEE

Citator

Cited By (22 total)

• Caufield v. Gino Cantele, 837 So. 2d 371 (Fla. 2002)
  …s, 236 So. 2d 761, 763 (Fla. 1970) (construing rule 1.420(d) “to mean that costs, including attorney’s fees, are to be assessed and judgment entered for them in the same action which is the subject of voluntary dismissal”); McKelvey v. Kismet, Inc., 430 So. 2d 919, 921-22 (Fla. 3d DCA 1983). Thus, in the instant case, no more judicial labor is required of the initial court to enforce its denial of costs. Furthermore, if the prevailing party in subsequent litigation is awarded costs for the initially dismissed…
• Stuart Plaza, Ltd. v. Atl. Coast Dev. Corp. OF Martin Cnty., 493 So. 2d 1136 (Fla. 4th DCA 1986)
  …this question. [*1137] Initially, we point out that when a plaintiff takes a voluntary dismissal the defendant is the prevailing party. Gordon v. Warren Heating & Air Conditioning, Inc., 340 So. 2d 1234 (Fla. 4th DCA 1976); McKelvey v. Kismet, Inc., 430 So. 2d 919 (Fla. 3d DCA 1983); Dolphin Towers Condominium Ass’n v. Del Bene, 388 So. 2d 1268 (Fla. 2d DCA 1980). Next, we hold that after a voluntary dismissal by plaintiff the trial court does have jurisdiction to award attorney’s fees where the fees are au…
• 51 Island WAY Condo. Ass'n, Inc. v. Williams, 458 So. 2d 364 (Fla. 2d DCA 1984)
  …prevail for the purpose of assessing fees under section 57.105, there must be a final disposition of the action. We note, however, that this position has not been uniformly adopted even within the third district itself. See McKelvey v. Kismet, Inc., 430 So. 2d 919 (Fla. 3d DCA 1983) (Ferguson, J., dissenting). . In dissent, Judge Nesbitt pointed out that the owner had “tacitly conceded” the association’s position since the child had not returned to live in the unit. Judge Nesbitt would have affirmed the awar…

Authorities Cited

• State v. Augustine Lasaro Arroyo, 422 So. 2d 50 (Fla. 3d DCA 1982)