On January 9, 2012, Plaintiff filed a previous action to evict Defendant. On January 23, 2012, Plaintiff voluntarily dismissed the Previous Action. On February 24, 2012, the court in the Previous Action entered a Final Judgment for Attorney’s Fees Against The Plaintiff, in which Defendant was awarded $3,100.00 in costs, including reasonable attorney’s fees.
3. Fla. R. Civ. P. 1.420(d) states:
“Costs in any action dismissed under this rule shall be assessed and judgment for costs entered in that action. If a state commences an action based upon or including the same claim against the same adverse party, the court shall make such order for the payment of costs of the claim previously dismissed as it may deem proper and shall stay the proceedings in the action until the party seeking affirmative relief has complied with the order.” (emphasis added).
It is well settled case law that Plaintiff is required to satisfy the judgment entered in a previous action before Plaintiff can continue to proceed with a new action. Estate of McGrail v. Rosas, 691 So.2d 50, (Fla. 4th DCA 1997) [22 Fla. L. Weekly D911b]; Bubani v. Rogers, 363 So.2d 181 (Fla. 4th DCA 1978); Gordon v. Warren Heating & Air Conditioning, Inc., 340 So.2d 1234 (Fla. 4th DCA 1976); see also Field v. Nelson, 380 So.2d 547 (Fla. 2d DCA 1980).
This Court has no discretion as is required to render an order prohibiting further action in this case until Plaintiff satisfies the Final Judgment for Attorney’s Fees Against The Plaintiff, John Chapman in the Previous Action and this Court is required to stay this action until Plaintiff complies with this order. Id.
JOHN CHAPMAN, Plaintiff, vs. LAUREN MCGAW, Defendant. County Court, 9th Judicial Circuit in and for Orange County, Civil Division. Case No. 2012-CC-002083-O, Division 72. March 14, 2012. Wilfredo Martinez, Judge. 19 Fla. L. Weekly Supp. 490d