Wiggins v. Wiggins

RYDER, Judge.

In this interlocutory appeal, Flora Wiggins challenges the order of the circuit court taxing costs and denying attorney’s fees. The facts are simple and undisputed. J. J. Wiggins filed a dissolution petition, but six months later filed a notice of voluntary dismissal. When Flora Wiggins sought an order awarding costs and attorney’s fees, the court awarded costs but claimed it had lost jurisdiction to award fees when Mr. Wiggins filed his voluntary dismissal.

It is generally true that a voluntary dismissal divests the trial court of jurisdiction for purposes of awarding attorney’s…