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GIACHETTI v. JOHNSON

No. 74-882.

308 So.2d 143 (1975)

Robin GIACHETTI, a Minor, by and through His Father and Next Friend, Robert J. Giachetti, and Robert J. Giachetti, Individually, Appellants, v. Lawrence Dalton JOHNSON et al., Appellees.

District Court of Appeal of Florida, Second District.

February 26, 1975.

Attorney(s) appearing for the Case

Karl O. Koepke, Whitaker, Koepke & Associates, Orlando, for appellants.

Edna L. Caruso, Howell, Kirby, Montgomery, D'Aiuto & Dean, West Palm Beach, for appellee Chrysler Corp.

SCHEB, Judge.

The sole question on this appeal is whether the trial court erred in awarding attorneys' fees as costs to defendants/appellees where the plaintiffs/appellants voluntarily dismissed a personal injury action under RCP 1.420.

Upon the plaintiffs/appellees' voluntary dismissal prior to the trial of their pending action, the lower court granted the defendants/appellees' motion for taxing costs and attorneys...

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