SIDNEY KNIGHT, APPELLANT,
v.
COUNTY OF ALACHUA, APPELLEE
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PER CURIAM.
Appellant, a nonparty deponent, appeals the trial judge’s denial of his motion for attorney’s fees for successfully securing a protective order concerning a subpoena served by appellee. The trial judge held he was without jurisdiction to rule on the motion for attorney’s fees since appellee voluntarily dismissed the suit below with prejudice. We affirm.
Although Rules 1.280(c) and 1.380(a)(4) Florida Rules of Civil Procedure may have authorized an award of attorney’s fees to appellant in this situation, the award would have required the judge’s exercise of discretion in granting the motion. The effect of the voluntary dismissal was “to remove completely from the court’s consideration the power to enter an order, equivalent in all respects to a deprivation of ‘jurisdiction’.” Randle-Eastern Ambulance Service v. Vasta, 360 So. 2d 68 (Fla.1978). Cf. McBain v. Bowling, 374 So. 2d 75 (Fla. 3d DCA 1979); see also, Brenda Cain and The State of Florida, Department of Health and Rehabilitative Services v. Sims, 396 So. 2d 234 (Fla. 1st DCA 1981). Therefore, the judge was without power to rule on the motion for attorney’s fees.
Accordingly, the order is AFFIRMED.
ERVIN, SHAW and WENTWORTH, JJ„ concur.
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84 Lumber Co. v. Cooper, 656 So. 2d 1297 (Fla. 2d DCA 1994)…een Cooper and his insurance carrier was terminated by the joint stipulation for dismissal, the trial court was divested of any further jurisdiction in that case to exercise its discretion and authorize intervention. See Knight v. County of Alachua, 396 So. 2d 846 (Fla. 1st DCA 1981), review denied, 412 So. 2d 467 (Fla.1982) (plaintiffs voluntary dismissal with prejudice prevented trial court from exercising jurisdictional discretion under applicable rules of civil procedure to award attorney’s fees to nonpar…
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Romar Int'l, Inc. v. JIM Rathman Chevrolet/Cadillac, Inc., 420 So. 2d 346 (Fla. 5th DCA 1982)…The effect of a voluntary dismissal is “to remove completely from the court’s consideration the power to enter an order, equivalent in all respects to a deprivation of ‘jurisdiction’.” Randle, 360 So. 2d at 69. See also, Knight v. County of Alachua, 396 So. 2d 846 (Fla. 1st DCA 1981). However, Rule 1.420(d) provides authority for a defendant to recoup its court costs when a voluntary dismissal has been taken. Id. In Knight v. County of Alachua, appellant, a non-party deponent, had moved for attorney’s fees p…
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Nolan v. Altman, 449 So. 2d 898 (Fla. 1st DCA 1984)…asis of Randle-Eastern Ambulance Service, Inc. v. Vasta, 360 So. 2d 68 (Fla. 1978). Although prior opinions of this court have interpreted Randle as precluding attorney’s fee awards subsequent to voluntary dismissal, see Knight v. County of Alachua, 396 So. 2d 846 (Fla. 1st DCA 1981) and Mannion v. Mannion, 414 So. 2d 598 (Fla. 1st DCA 1982), the Florida Supreme Court has now held that “when the legislature has specifically defined attorney’s fees as part of the costs, then the assessment of attorney’s fees a…
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- Randle-Eastern Ambulance Serv., Inc. v. Vasta, 360 So. 2d 68 (Fla. 1978)
- Kessler v. Medow, 374 So. 2d 75 (Fla. 3d DCA 1979)
- Brenda Cain & the State of Fla. Dep't of Health & Rehabilitative Servs. v. Sims, 396 So. 2d 234 (Fla. 1st DCA 1981)