Kearns v. Spann

MARTIN, John C., Judge.

Farm Bureau argues the trial court erred by denying the motion for costs following plaintiff’s voluntary dismissal. Specifically, Farm Bureau contends Rule 41(d) requires the trial court to enter an order of costs following a voluntary dismissal without prejudice. We agree.

*652Rule 41(d) provides:(d) Costs. — A plaintiff who dismisses an action or claim under section (a) of this rule shall be taxed with the costs of the action unless the action was brought in forma pauperis. If a plaintiff who has once dismissed an action in any court commences an action based upon or…