Florida District Courts of Appeal, 1977

Rotondo v. Greene

Rotondo v. Greene
Florida District Courts of Appeal · Decided March 15, 1977 · Barkdull, Carroll, Hendry, Ret
343 So. 2d 671; 1977 Fla. App. LEXIS 15490 (Southern Reporter, Second Series)

Rotondo v. Greene

Opinion of the Court

PER CURIAM.

This appeal presents the question of whether, on a motion for costs filed by a defendant who has been voluntarily dismissed from an action for damages for personal injuries, it is proper for the court to include, in the costs allowed, the dismissed defendants’ attorney’s fee as was done in this case. The ruling of the trial court charging the plaintiff with said defendants’ attorney’s fee as costs is hereby reversed on the authority of Campbell v. Maze, 339 So.2d 202 (Fla. 1976), recently decided by the Supreme Court of Florida. It is so ordered.

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