BRIGHT v. BALTZELL

Nos. 4D10-878, 4D10-1729.

65 So.3d 90 (2011)

Anne S. BRIGHT, Appellant, v. Francis D. BALTZELL, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 5, 2011.


Attorney(s) appearing for the Case

Charles Wender , Boca Raton, for appellant.

Margaret L. Cooper of Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, for appellee.


PER CURIAM.

The issue in this consolidated appeal is whether the trial court erred in awarding appellee attorney's fees and costs following appellant's voluntary dismissal of her lawsuit without prejudice. We reverse the fee award, as the voluntary dismissal was not a second voluntary dismissal that would entitle appellee to fees under section 768.79, Florida Statutes. The fees were also not authorized under the Florida Trust Code, as the underlying action involved...

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