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Plaintiff filed an action to evict Defendant.   The court ruled in favor of the Defendant and the case was involuntarily dismissed.  The court subsequently entered a  Final Judgment for Attorney’s Fees against the Plaintiff.

The plaintiff did not pay the Defendant’s attorney’s fees.   Then the  Plaintiff  filed a new eviction against the defendant.   The Defendant moved to stay the proceedings.

The court cited 3. Fla. R. Civ. P. 1.420(d) which states:

“Costs in any action dismissed under this rule shall be assessed and judgment for costs entered in that action. If a party who has once dismissed a claim in any court of this 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 Final Judgment for Attorney’s Fees entered in the Previous Action before Plaintiff can continue to proceed in this 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).

The Court has no discretion as is required to render an order for the payment of the Final Judgment for Attorney’s Fees in the Previous Action and this Court is required stay the new  action including discovery until Plaintiff  has paid the judgment for costs and fees.

SSS INVESTMENTS GROUP INC, vs.  DANIELSON,  County Court, 9th Judicial Circuit in and for Orange County, Civil Division. Case No. 2012-CC-015727-O, Division 70. January 23, 2013. Andrew L. Cameron, Judge.   20 Fla. L. Weekly Supp. 436a.  Online Reference: FLWSUPP 2004SSS

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