Tucker v. Ayres

SMITH, Judge.

Appellant Tucker filed this suit for a partnership accounting, then unilaterally dismissed it by serving a notice of dismissal without prejudice. Rule 1.420(a)(1), R.C.P. In taxing the defendant partners’ costs pursuant to motion filed by appellees after the dismissal, the trial court awarded $1,250 in attorneys fees. Rule 1.420(d). On Tucker’s appeal, that award is defended as an appropriate allowance incident to the disposition of a suit for partnership accounting. The principle allowing such awards is akin to that applicable when a claimant and his attorney have brought a fund…