Gilbert-Hodgman, Inc. v. Chicago Thoroughbred Enterprises, Inc.

Mr. PRESIDING JUSTICE McNAMARA

delivered the opinion of the court:

Prior to trial, plaintiff gave notice to defendant and sought a voluntary dismissal of its suit pursuant to section 52 of the Civil Practice Act (Ill. Rev. Stat. 1971, ch. 110, par. 52). The circuit court of Cook County granted the dismissal but taxed as costs to the plaintiff attorney’s fees and certain expenses incurred by defendant’s counsel in the amount of $5,325.95. Plaintiff’s sole issue on appeal is the propriety of the order imposing fees and expenses.

On March 23, 1970, plaintiff filed suit against defendant to recover…