Alma W. Evans v. Safeway Stores, Incorporated, No. 80-1271

The sole issue on this appeal is whether the district court abused its discretion in awarding $200 attorney fees to defendant-appellee pursuant to Fed.R.Civ.P. 41(a)(2) and (d) when plaintiff-appellant filed a voluntary dismissal without prejudice of her tort action. We affirm.

On September 26, 1977, plaintiff filed a complaint in tort for injuries sustained upon defendant’s premises. Approximately sixteen months later she filed a motion for continuance of the trial date of 120 days or in the alternative for a voluntary dismissal. The court ordered the complaint dismissed without prejudice.

On…