McGrail v. Rosas

MUIR, CELESTE HARDEE, Associate Judge.

This appeal is from two orders staying execution of a judgment awarding costs to a defendant that had been dropped from an earlier case. The trial judge stayed execution of the cost judgment in the earlier case pending the outcome of the second suit, “provided the defendant prevails.”

There were three orders in two eases entered by the trial court in effect denying a stay of a case refiled and allowing a plaintiff to proceed without payment first of the costs of the earlier case in favor of a “voluntarily dismissed” defendant.1 One order in case 95-6915…