· 4/19/1983
McKelvey v. Kismet, Inc.
Citations
- 430 So. 2d 919
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that a defendant is entitled to prevailing party attorney’s fees where all of the counts in the plaintiffs complaint were either voluntarily dismissed or dismissed for the plaintiffs failure to state a cause of action
- finding “costs are to be assessed immediately after a dismissal is entered”
- “[T]he term ‘prevailing party’ is applicable to a defendant against whom a voluntary dismissal is taken.”
- “If by contract or statute attorneys fees are made a part of the costs between the parties, these fees must also be assessed and a judgment entered in that action.”
- court has jurisdiction to award costs after cause is voluntarily dismissed
Source: CourtListener parenthetical corpus (CC0).
Judges: Hendry, Baskin and Ferguson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.