Ken David Swindle, Appellant v. Southern Farm Bureau Casualty Insurance Company, Appellee

Summary

The court held that Swindle was not entitled to attorney's fees as the prevailing party because Southern Farm Bureau's payment occurred without an adjudication on the merits. It reversed the Rule 11 sanctions because the insurer did not provide the notice required before sanctions could be imposed, and it declined to award fees on an alternative statutory basis that the circuit court had not addressed. The court affirmed the denial of Swindle's fees, reversed the sanctions award, and vacated the court of appeals' opinion. Chief Justice Hannah, joined by Justices Danielson and Wood, concurred in part and dissented in part, agreeing on the fee issue but advocating affirmance of the Rule 11 sanctions.