Lennox National Account Services, LLC v. Barry Claire and Staci Claire

Summary

The Florida Fourth District Court of Appeal held that a defendant is entitled to taxable costs under Florida Rule of Civil Procedure 1.420(d) after the plaintiffs voluntarily dismiss claims against that defendant. The court reversed the denial of the defendant’s motion to tax costs and remanded for entry of an order granting the motion and a hearing on the amount of costs.

Holdings

1. A defendant is entitled to an assessment of costs under Florida Rule of Civil Procedure 1.420(d) when the plaintiff voluntarily dismisses the action as to that defendant.

Questions Presented

1. Whether a defendant is entitled to an award of taxable costs under Florida Rule of Civil Procedure 1.420(d) after the plaintiff voluntarily dismisses the action against that defendant without prejudice.

Disposition

reversed_and_remanded