Yampol v. Schindler Elevator Corp.

We affirm the trial court’s final judgment awarding attorney’s fees to appellees as “prevailing parties” pursuant to section 718.308(1), 1 Florida Statutes (2008), follow ing appellant’s voluntary dismissal without prejudice. The trial court properly followed Tho rnber v. City of Fort Walton Beach, 568 So.2d 914 (Fla.1990), which established, as a general rule, that “when a plaintiff voluntarily dismisses an action, the defendant is the prevailing party.” id. at 919 (citing Stuart Plaza, Ltd. v. Atlantic Coast Dev. Corp., 493 So.2d 1136 (Fla. 4th DCA 1986)).

In announcing the general rule,.the…