Solomon Menche v. White Eagle Property Group, LLC

Syllabus

Plaintiff/Appellant brought suit against Defendants/Appellees over various business disputes. During the course of the discovery process, the trial court granted three motions to compel against Plaintiff, twice reserving Defendants' request for attorney's fees. Eventually, Defendants moved for discovery sanctions against Plaintiff, asking the trial court to award Defendants the attorney's fees and expenses related to prosecuting the three motions to compel as well as the motion for sanctions. Shortly after the third motion to compel was granted, however, Plaintiff requested a voluntary nonsuit pursuant to Rule 41.01. Because Defendants' motion for partial summary judgment was pending, the Defendants were required to agree to the nonsuit. The trial court granted the nonsuit based on Defendants' consent, but later held a hearing on the Defendants' motion for sanctions and awarded the Defendants their attorney's fees and expenses. Plaintiff appealed to this Court. Discerning no reversible error, we affirm.