Daniels v. Montgomery Mutual Insurance

COZORT, Judge.

Plaintiff brought this action seeking to recover on a fire insurance policy. At the third trial of this matter plaintiff’s counsel, in his opening argument, violated the trial court’s order granting a motion in limine by referring to the fact that plaintiff had not been criminally prosecuted for burning his house. The trial court declared a mistrial and pursuant to Rule 41(b) ordered the plaintiff to pay the defendant’s costs and attorney’s fees connected with the third trial. Plaintiff did not pay. The trial court, pursuant to Rule 41(b), dismissed plaintiff’s claim and awarded…