Mauro v. Clabaugh

Goolsby, Judge:

This is an action for legal malpractice brought by Patrick G. Mauro against Frank H. Clabaugh. The trial court granted Mauro’s motion for voluntary dismissal without prejudice but conditioned its dismissal without prejudice on the payment by Mauro of Clabaugh’s costs, including attorney fees, prior to his filing any new complant alleging the same claim against Clabaugh. The trial court, after allowing Clabaugh to amend his counterclaim so as to increase the amount of damages sought, also granted Clabaugh a default judgment on his counterclaim. Mauro appeals. Mauro questions the…