Smith v. Loews Miami Beach Hotel Operating Co.

Shannon Smith, the plaintiff below, appeals the final judgment awarding attorney’s fees and costs to Loews Miami Beach Hotel Operating Company, Inc. (“the Hotel”) following the voluntary dismissal without prejudice of her negligence lawsuit against the Hotel. Because we conclude that Smith properly preserved her objection to the award of attorney’s fees and costs below and because such an award based on a dismissal of the cause of action requires that the dismissal be with prejudice, we reverse.

Smith sued the Hotel for damages in June 2005. The sole claim pled was a tort claim seeking damages…