A.L. v. Peeler

SIMON, Judge.

Anthony Peeler, defendant, appeals from the trial court’s denial of his motion for the assessment of his costs against plaintiff, A.L., when plaintiff’s action for damages for an alleged assault was dismissed without prejudice with each party to bear their own costs. On appeal, defendant essentially contends that the trial court did not have discretion to *264apportion costs upon plaintiffs voluntary dismissal, and he was entitled to collect his costs from the plaintiff pursuant to Section 514.170 RSMo 1994 (all further references shall be to RSMo 1994 unless indicated otherwise) and…