Starling v. Union Pacific Railroad

Everett L. Starling appeals the circuit court’s judgment assessing $17,760.28 in costs against him after he voluntarily dismissed his personal injury lawsuit against Union Pacific Railroad Company. Starling contends that, because the circuit court waited almost three months after he had dismissed his case to enter its judgment assessing costs, it had no jurisdiction to enter the judgment. We reverse the circuit court’s judgment and remand to the circuit court for further proceedings.

Starling dismissed his lawsuit on February 16, 1999. On March 3, 1999, Union Pacific filed its motion for…