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Collier v. D & N Trucking Co. LLC

A plaintiff cannot avoid a pre-existing attorneys' fee award by voluntarily dismissing his complaint.

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Bryan Collier appeals from the trial court’s order holding him in contempt for failure to pay an award of attorney fees. For reasons that follow, we affirm. The record shows that Collier sued D & N Trucking Company, LLC, and two others collectively, “D & N” for damages sustained when a car allegedly driven by D & N’s employee collided with a car in which Collier was a passenger. D & N subsequently filed several discovery motions, including a motion to compel discovery and for sanctions. In an order dated June 26, 2003, the trial court directed Collier to produce certain documents and to pay D & N $1,000 in attorney fees. Over seven months later, D & N filed a motion for contempt, asserting that Collier had refused to pay the ordered fees. Following a hearing, the trial court found Collier in contempt of the June 26, 2003 order.

In his sole enumeration of error, Collier argues that the trial court lacked jurisdiction to enter the June 26, 2003 order or to make a contempt finding. He notes that, at 11:21 a.m. on June 26, 2003, he voluntarily dismissed his complaint without prejudice. Asserting that this dismissal divested the trial court of jurisdiction over the case, Collier contends that the June 26, 2003 attorney fee award, as well as the contempt finding, are null and void. We disagree.

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