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 circuit court imposed them without the notice required under the then-effective rule, and it declined to affirm the fee award on the alternative statutory-fee ground because the circuit court had not ruled on that request. Chief Justice Hannah, joined by Justices Danielson and Wood, concurred in part and dissented in part, arguing that the sanctions should have been affirmed and that the court should overrule its prior notice requirement.