Legal Question in Landlord & Tenant Law in Florida
Two questions:
1) Can a defendant deny a plaintiff’s notice of dismissal without prediduce.
2) Our lease allowed prevailing party to receive fees but if we don’t get to trial how do we recover? Without going to court we have no opportunity to collect our attorney fees as our lawyer failed to file a plea to recover them?
Asked on 11/17/17, 8:01 am
1 Answer from Attorneys
Barry Stein
De Cardenas, Freixas, Stein & Zachary
A defendant has no option with regard to a plaintiff's voluntary dismissal of their claim. Not sure when you mean about the rest with regard to failing to file a plea for fees. Discuss with your attorney.
Answered on 11/17/17, 10:30 am
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