Legal Opinion
Versa Products, Inc. v. Home Depot, USA, Inc.
Court of Appeals for the Eleventh Circuit
Decided October 18, 2004No. 04-13654PublishedCited by 27 opinions
Non-Argument Calendar.
1Per curiam
The issue presented is whether an order granting a voluntary dismissal of a complaint without prejudice can be appealed when the dismissal was on the condition that, upon any refiling, the plaintiff must pay the attorneys’ fees and costs of the defendant and file the complaint in the same venue to which the action had been transferred. Because these conditions on the voluntary dismissal protect the defendant from unfairness and do not constitute legal prejudice to the plaintiff, we conclude that the district court did not abuse its discretion and accordingly dismiss this appeal.
I. BACKGROUND
Ve…
2Cases cited5 opinions
- Milton Lecompte v. Mr. Chip, Inc.Court of Appeals for the Fifth Circuit · 1976
- Roofing & Sheet Metal Services, Inc. v. La Quinta Motor Inns, Inc.Court of Appeals for the Eleventh Circuit · 1982
- Beth B. Pontenberg v. Boston ScientificCourt of Appeals for the Eleventh Circuit · 2001
- Donald Yoffe v. Keller Industries, Inc., a Corporation and Henry A. Keller and Norman S. Edelcup, IndividualsCourt of Appeals for the Fifth Circuit · 1978
- Leonidas Ortega Trujillo v. Banco Central Del EcuadorCourt of Appeals for the Third Circuit · 2004
3Cited by27 opinions
- Stephan Bechuck v. Home Depot USA, Incorporated, eCourt of Appeals for the Fifth Circuit · 2016
- Harry Sargeant, III v. Daniel HallCourt of Appeals for the Eleventh Circuit · 2020
- Romika-USA, Inc. v. HSBC Bank USA, N.A.District Court, S.D. Florida · 2007
- S.B. Ex Rel. Muwwakkil v. KinderCare Learning Centers, LLCCourt of Appeals for the Third Circuit · 2016
- Emergency Recovery, Inc. v. Bryan HufnagleCourt of Appeals for the Eleventh Circuit · 2023
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