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SARGEANT v. HALL

No. 18-15205.

951 F.3d 1280 (2020)

Harry SARGEANT, III, Plaintiff-Appellee, v. Daniel HALL, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 2, 2020.

Attorney(s) appearing for the Case

Ramon Alberto Abadin , Sedgwick, LLP, Miami, FL, Melissa B. Coffey , Joshua M. Hawkes , Christopher M. Kise , Foley & Lardner, LLP, Tallahassee, FL, Gregory William Coleman , Burman Critton Luttier & Coleman, LLP, West Palm BCH, FL, for Plaintiff-Appellee.

Derek T. Ho , Andrew E. Goldsmith , Kellogg Hansen Todd Figel & Frederick, PLLC, Washington, DC, Armando Cordoves, Jr. , Samuel Danon , Hunton Andrews Kurth, LLP, Miami, FL, Allison Jill Davis , Silber & Davis, West Palm BCH, FL, for Defendant-Appellant.

Before JORDAN and JILL PRYOR, Circuit Judges, and COOGLER, District Judge.

Under Federal Rule of Civil Procedure 41(d), if a plaintiff who voluntarily dismissed an action files a second action against the same defendant based on or including the same claim, "the court: (1) may order the plaintiff to pay all or part of the costs of that previous action; and (2) may stay the proceedings until the plaintiff...

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