Kojleb Kesai v. William G. Almand, Special Administrator of the Estate of Ricky Stephens

Summary

The court held that a circuit court cannot order payment of costs under Rule 41(d) immediately after a plaintiff takes a voluntary nonsuit. A refiling of the same claim against the same defendant is a condition precedent to the authority to assess costs, and the court in which the second action is pending has that authority. The court therefore reversed and dismissed the cost order without prejudice. Justice Henry, dissenting, would have dismissed the appeal for lack of an effective notice of appeal by the attorney personally assessed with costs.