Austin v. Southeast Title & Insurance Co.

SWANN, Judge.

The plaintiff, Southeast Title and Insurance Company, a Florida corporation, filed a suit for a declaratory decree. After filing a motion to strike portions of the complaint, which was denied, the defendant, Arkus G. Austin, filed an answer not containing a counterclaim.

The plaintiff subsequently filed its voluntary motion to dismiss its complaint without prejudice with costs to be taxed against it, claiming that the defendant would not be *175prejudiced in any substantial right by a dismissal of the complaint. The trial court entered its order granting the plaintiff’s motion. It is…