Horizon Bank, National Association v. Musikantow

Filing 22

ORDER dismissing case without prejudice. In the event Plaintiff refiles its complaint, Plaintiff must pay Defendant the costs associated with the present action, including reasonable attorney's fees. The Clerk is directed to terminate all pending motions as moot and close this case. Signed by Judge James S. Moody, Jr on 5/3/2016. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION

HORIZON BANK, NATIONAL
ASSOCIATION,
Plaintiff,
v.

Case No: 5:15-cv-584-Oc-30PRL

ALAN S. MUSIKANTOW,
Defendant.
________________________________/

ORDER
THIS CAUSE comes before the Court upon Plaintiff’s Notice of Agreement to
Condition (Doc. 21). On March 11, 2016, Plaintiff filed a motion to dismiss its case
without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A).
Defendant opposed the motion.

(Doc. 16).

(Doc. 15).

After due consideration, the Court

provisionally granted Plaintiff’s motion, stating that the motion was granted only if
Plaintiff agreed to pay the costs associated with the present action, including reasonable
attorney’s fees, in the event Plaintiff refiles its complaint. (Doc. 20). By its notice, Plaintiff
indicates that it agrees to this condition. (Doc. 21).
Accordingly, it is hereby ORDERED AND ADJUDGED:
1. This case is DISMISSED without prejudice.
2. In the event Plaintiff refiles its complaint, Plaintiff must pay Defendant the costs
associated with the present action, including reasonable attorney’s fees.

3. The Clerk is directed to terminate all pending motions as moot and close this
case.
DONE and ORDERED in Tampa, Florida, this 3rd day of May, 2016.

Copies furnished to:
Counsel/Parties of Record

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