· 12/17/1976
Gordon v. WARREN HEATING & AC
Citations
- 340 So. 2d 1234
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- implying that attorney's fees in a mechanic's lien case were awardable as costs after a voluntary dismissal
- trial judge cannot defer assessment of costs in the original action pending the outcome of a subsequent lawsuit on the same cause of action
- where a mechanic's lien is voluntarily dismissed, party against whom claim was brought is the \prevailing party\ and is entitled to recover attorney's fees and costs
- where mechanic's lien claim is voluntarily or involuntarily dismissed, party against whom the claim was brought is the prevailing party and is entitled to attorney's fees
- “[T]he appellant should have, been awarded costs and attorney’s fees immediately following dismissal of the first action.”
- a trial judge has no authority to defer a ruling on costs pending the outcome of another action and if a new action is brought on the previously dismissed claim, the judge must stay the proceedings until its order for payment of costs is complied with
Source: CourtListener parenthetical corpus (CC0).
Judges: Alderman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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