Kesai v. Almand
Annotate this CaseAppellant Kojleb Kesai filed a complaint for damages stemming from an automobile accident. A trial was held two years later. The jury was impaneled, and proceedings got underway. Appellant moved to use his first voluntary dismissal in the case, and the trial court responded by reminding Appellant that he would have to pay the expenses of the trial to date, which included impaneling the jury, lunch for the jury, and opposing counsel’s fees. The court entered a nonsuit in the case, and assessed all of the expenses for the trial to that point to Appellant’s counsel. Appellant appealed the trial court’s order for fees, arguing that it was a mistake to assess costs prior to the refilling of the case. The Supreme Court found that the circuit court ordered payment of the costs on the same day the nonsuit was entered. There was no showing that Appellant had commenced the same claim against the same defendant, what was indeed, premature. Accordingly, the Court reversed and dismissed the trial court’s order for costs against Appellant and his attorney.
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