SHIRLEY JEAN PRESS, APPELLANT,

v.

ANTHONY DAVID PRESS, APPELLEE

Citator

Cited By (29 total)

• Stuart Plaza, Ltd. v. Atl. Coast Dev. Corp. OF Martin Cnty., 493 So. 2d 1136 (Fla. 4th DCA 1986)
  …an incorrect understanding of the current status of the law on 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 ha…
• Simmons v. Lawrence Schimmel, M.D., 476 So. 2d 1342 (Fla. 3d DCA 1985)
  …er under both statutes. . This issue was not presented in Rowe where the plaintiff-patient clearly “prevailed” by obtaining a final judgment in her favor. . We note that the line of cases emanating from Gordon v. Warren Heating & Air Conditioning, 340 So. 2d 1234 (Fla. 4th DCA 1976) are not applicable in the present case. The attorney’s fee statute involved in Gordon expressly provided that the fees were to be taxed as costs. See § 713.29, Fla.Stat. (1975). The attorney’s fee statute involved in the present…
• Galbraith v. Inglese, 402 So. 2d 574 (Fla. 4th DCA 1981)
  …nterpreted Section 713.29, Florida Statutes (1979), which grants reasonable attorney’s fees to the prevailing party in any action brought to enforce a mechanics’ lien. Mac-Bain expressly relies upon Gordon v. Warren Heating & Air Conditioning, Inc., 340 So. 2d 1234 (Fla. 4th DCA 1976), which states: Where a mechanic’s lien claim is voluntarily or involuntarily dismissed, the party against whom the claim was brought is the “prevailing party” and is entitled to recover attorney’s fees and costs. Id., at 1235.…