State Ex Rel. Marsh v. Doran
Cases that cite this one
7 later published cases cite this decision.
- Marie Ann Glass v. Nationstar Mortgage, LLC, etc. (Fla. 2019)
- Nudel v. Flagstar Bank, FSB (Fla. Dist. Ct. App. 2011)
- Royal Palm Village Residents, Inc. v. Monica Slider (11th Cir. 2023)
- Conn. Hous. Fin. Auth. v. Alfaro (Conn. 2018)
- W & J Group Enterprises, Inc. v. Houston Specialty Insurance Company (11th Cir. 2017)
- Yampol v. Schindler Elevator Corp. (Fla. Dist. Ct. App. 2016)
- Bank of New York v. Williams (Fla. Dist. Ct. App. 2008)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
STATE of Florida, ex rel., Elmer MARSH and Richard Storm, qui tam, Appellants,
v.
Theodore R. DORAN, individually, Doran, Wolfe, Rost & Ansay, P.A., a Law Firm incorporated under the laws of the State of Florida, Appellees.
District Court of Appeal of Florida, First District.
Paul M. Meredith and N. Kate Estes, of The Meredith Law Firm, St. Augustine, for Appellants.
Theodore R. Doran, Michael Ciocchetti, and Audrie M. Harris, of Doran, Wolfe, Ansay, & Kundid, Daytona Beach; and David H. Burns, Tallahassee, for Appellees.
PER CURIAM.
The primary issue in this case is whether the appellees were "prevailing parties" under section 68.086(3), Florida Statutes (2002). We hold that a defendant is entitled to recover attorney's fees under section 68.086(3), which awards fees to the prevailing party, after the plaintiff takes a voluntary dismissal without prejudice. The refiling of the same suit after the voluntary dismissal does not alter the appellees' right to recover prevailing party attorney's fees incurred in defense of the first suit. Caufield v. Cantele, 837 So.2d 371 (Fla. 2002); Alhambra Homeowners Ass'n, Inc. v. Asad, 943 So.2d 316 (Fla. 4th DCA 2006). We find no error in the trial judge's denial of the motion for recusal.
AFFIRMED.
BARFIELD, WOLF, and VAN NORTWICK, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.