McCully v. Wil-Mc Oil Corp.

RAPP, Judge.

Trial court plaintiffs appeal the trial court’s order requiring payment of defendants’ incurred deposition costs.

Plaintiffs sued defendants for breach of duty, conversion of equipment, and an accounting. The matter was scheduled for trial on March 10, 1993. Plaintiffs before trial announced to the trial court they were dismissing the suit. The trial was stricken, and plaintiffs filed their written dismissal without prejudice on March 17, 1993. Defendants then filed their application for payment of fees and costs. 1 Defendants concurrently also filed an application for costs…