Evans v. Safeway Stores, Inc., 80-1271
| Citation | 623 F.2d 121 |
| Decision Date | 29 August 1980 |
| Docket Number | No. 80-1271,80-1271 |
| Parties | Alma W. EVANS, Appellant, v. SAFEWAY STORES, INCORPORATED, Appellee. * |
| Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
Woodson D. Walker, Chinula & Walker, P. A., Little Rock, Ark., filed brief for appellant.
Appellee did not file brief.
Before BRIGHT, STEPHENSON and ARNOLD, Circuit Judges.
The sole issue on this appeal is whether the district court abused its discretion in awarding $200 attorney fees to defendant-appellee pursuant to Fed.R.Civ.P. 41(a)(2) and (d) when plaintiff-appellant filed a voluntary dismissal without prejudice of her tort action. We affirm.
On September 26, 1977, plaintiff filed a complaint in tort for injuries sustained upon defendant's premises. Approximately sixteen months later she filed a motion for continuance of the trial date of 120 days or in the alternative for a voluntary dismissal. The court ordered the complaint dismissed without prejudice.
On April 6, 1979, plaintiff re-filed her complaint. Thereafter defendant filed a motion for attorney fees and for costs incurred in preparation for the trial on the first complaint. After considering the motion and affidavit in support thereof and plaintiff's opposition thereto, the district court awarded defendant-appellee $200 as an allowance for preparation in the initial cause.
We are satisfied the district court did not abuse its discretion in awarding defendant-appellee $200 attorney fees. See Fed.R.Civ.P. 41(d); Johnston v. Cartwright, 355 F.2d 32, 40 (8th Cir. 1966).
Affirmed.
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Moskowitz v. Am. Sav. Bank
...717, 87 S.Ct. 1404, 18 L.Ed.2d 475 (1967) ).(ii) Attorney's fees are generally available under Rule 41(d)In Evans v. Safeway Stores, Inc. , 623 F.2d 121 (8th Cir. 1980) (per curiam), the Eighth Circuit allowed a $200 attorney fee without explanation as to its reasoning, but noted that it wa......
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Copeland v. Hussmann Corp., No. 4:06CV839 JCH.
...however, about whether the word "costs" include attorney's fees. A majority of cases have found that they do. Evans v. Safeway Stores, Inc., 623 F.2d 121 (8th Cir.1980) (affirming an award of attorney's fees under Rule 41(d) without Other Courts have held that the plain language of Rule 41(......
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Horowitz v. 148 S. Emerson Assocs. LLC
...Circuits have concluded without much discussion that attorneys' fees may be awarded under Rule 41(d). See Evans v. Safeway Stores, Inc. , 623 F.2d 121, 122 (8th Cir. 1980) (per curiam); Meredith v. Stovall , 216 F.3d 1087 (10th Cir. 2000) (unpublished). The Fourth, Fifth, and Seventh Circui......
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Garza v. Citigroup Inc.
...how the rule should be interpreted: (1) attorneys’ fees may always be awarded as costs under Rule 41(d), Evans v. Safeway Stores, Inc., 623 F.2d 121, 122 (8th Cir. 1980) (per curiam) (the "Always Awardable Interpretation"); (2) attorneys’ fees may never be awarded as costs under Rule 41(d),......