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TURNER v. D.N.E., INC.

No. 88-1643.

547 So.2d 1245 (1989)

Steven G. TURNER and Teresa Turner, His Wife, Appellants, v. D.N.E., INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 19, 1989.

Attorney(s) appearing for the Case

Richard A. Kupfer and Carol Wadowicz of Wagner, Nugent, Johnson, Roth, Romano, Eriksen, & Kupfer, West Palm Beach, for appellants.

Michele I. Nelson of Paxton, Crow, Bragg & Smith, P.A., West Palm Beach, for appellee.

PER CURIAM.

After an injured plaintiff took a voluntary dismissal without prejudice, the trial court awarded costs against him in favor of the defendant. We reverse.

It is true that under Florida Rules of Civil Procedure 1.420(d), costs can be assessed against a party who voluntarily dismisses an action. Stuart Plaza, Ltd. v. Atlantic Coast Development Corporation of Martin County, 493 So.2d 1136 (Fla. 4th DCA 1986...

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