Tag Archives: Attorney Fees – Costs – Interest

SCOA: Nonsuiting Plaintiff Cannot Be Assessed Costs Until Refiling

In Kesai v. Almand, 2011 Ark. 207, — S.W.3d —-, decided on May 12, 2011, the plaintiff brought suit in Washington County Circuit Court seeking damages from a motor vehicle accident. The case proceeded to trial, and a jury was impaneled, selected, and sworn.

Just before the trial began, the plaintiff requested a voluntary dismissal. Because the jury had already been sworn, the circuit court entered an order charging the plaintiff with the costs of the court interpreter and with jury expenses. The order was amended to substitute the plaintiff’s counsel as the party responsible for paying the trial costs.

On appeal, the supreme court held that the circuit court order was in error. Continue reading SCOA: Nonsuiting Plaintiff Cannot Be Assessed Costs Until Refiling

ACOA: Notice of Appeal of Post-Judgment Attorney Fee Order Must Reference the Order

The case Spill Responders, Inc. v. Felts, 2011 Ark. App. 267, is a good reminder of two important points regarding appeals: (1) To preserve trial error arguments, they must be made during trial; (2) A post-judgment attorney fee award order must be mentioned in the notice of appeal to be challenged on appeal.

Background

The litigation in this case stemmed from a dispute over a corporate stock purchase agreement. Continue reading ACOA: Notice of Appeal of Post-Judgment Attorney Fee Order Must Reference the Order