Banno v. Clearwater Beach Colony, Inc.

Resettled order and judgment unanimously modified, on the facts and on the law, and in the exercise of discretion, to eliminate the allowance of costs, and as modified is otherwise affirmed, with costs to the defendant-appellant. Rule 301 of the Rules of Civil Practice as amended in 1953 pro*799vides, among other things, that an action may he discontinued by filing with the clerk a stipulation for such discontinuance signed by the attorneys of record for all parties. The making and filing of such a stipulation has the same effect as an order of discontinuance. This rule was so amended on…