VERSA PRODUCTS, INC. v. HOME DEPOT, USA, INC.

No. 04-13654 Non-Argument Calendar.

387 F.3d 1325 (2004)

VERSA PRODUCTS, INC., a Wisconsin Corporation, G & L Products, Inc., an Iowa Corporation, and the respective shareholders of Versa and G & L including but not limited to David Lambert, Sr., David Lambert, Jr. and Richard Lambert, Plaintiffs-Appellants, v. HOME DEPOT, USA, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 18, 2004.


Attorney(s) appearing for the Case

Louis J. Basso, Basso & Myers, P.C., Chesterfield, MO, for Plaintiffs-Appellants.

Barry Goheen, Dwight J. Davis, King & Spalding, Atlanta, GA, for Defendant-Appellee.

Before TJOFLAT, MARCUS and PRYOR, Circuit Judges.


PER CURIAM:

The issue presented is whether an order granting a voluntary dismissal of a complaint without prejudice can be appealed when the dismissal was on the condition that, upon any refiling, the plaintiff must pay the attorneys' fees and costs of the defendant and file the complaint in the same venue to which the action had been transferred. Because these conditions on the voluntary dismissal protect the defendant from unfairness and do not constitute legal...

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