HENRY A. DAVIS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Field v. Nettie Nelson, 380 So. 2d 547 (Fla. 2d DCA 1980)
  …bsequent proceedings under the Florida Rules of Civil Procedure. This interpretation of Rule 1.420(d) is in accord with existing case law under that rule. See, e. g., Paley v. Cocoa Masonry; Inc., 354 So. 2d 945 (Fla.2d DCA 1978); Bubani v. Rogers, 363 So. 2d 181 (Fla.4th DCA 1978). The intent of the rule is clear enough. If a party voluntarily dismisses a claim, he cannot proceed in a second suit against the adverse party on that claim without first paying those costs assessed against him by the court in t…
• The Est. OF Nellie McGRAIL v. Rosas, 691 So. 2d 50 (Fla. 4th DCA 1997)
  …624 So. 2d 257 (Fla.1993), the supreme court held that where the non-dismissing party seeks costs under this rule, a court has no authority to defer assessment pending disposition of a subsequent action. Additionally, we decided in Bubani v. Rogers, 363 So. 2d 181 (Fla. 4th DCA 1978), that the case could not proceed on the new complaint for the same cause of action until costs previously assessed had actually been paid to the defendant; payment is not satisfied by ordering funds paid into a court registry. Th…
• Albertson's, Inc. v. Neil, 784 So. 2d 584 (Fla. 4th DCA 2001)
  …no authority to defer assessment of costs pending disposition of a second action. Once costs are assessed, the plaintiff cannot proceed on the new complaint on the same issues until the costs assessed are actually paid. Id. (citing Bubani v. Rogers, 363 So. 2d 181 (Fla. 4th DCA 1978)). In Coastal Petroleum Co. v. Mobil Oil Corp., 583 So. 2d 1022, 1025 (Fla.1991), the Florida Supreme Court held as follows: When a voluntary dismissal occurs after an opposing party has incurred legitimate trial-preparation exp…

Authorities Cited

• Davis v. State, 356 So. 2d 1252 (Fla. 4th DCA 1978)
• In the Interest of M. E., 357 So. 2d 1052 (Fla. 4th DCA 1978)