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McARTHUR DAIRY, INC. v. GUILLEN

Nos. 84-909, 84-1428.

470 So.2d 747 (1985)

McArthur DAIRY, INC., Armando Madrigal, and Florencio Aldo Madrigal, Appellants/Cross-Appellees, v. Olga GUILLEN and Cecilio Guillen, Her Husband, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 1, 1985.

Attorney(s) appearing for the Case

Dube' and Wright and Richard M. Gale, Miami, for appellants/cross-appellees.

Jon W. Burke and Linda Dakis, Miami, for appellees/cross-appellants.

Before HUBBART, DANIEL S. PEARSON and FERGUSON, JJ.

DANIEL S. PEARSON, Judge.

The only question in this case which we find merits our attention is the one presented on the plaintiffs' cross-appeal, namely, whether a plaintiff who has once voluntarily dismissed an action and, pursuant to Florida Rule of Civil Procedure 1.420(d), paid costs to the defendant as a requisite to maintaining a second action seeking the same relief can recover any of these costs upon prevailing in the second action.1

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