The Estate of Eldora Burkes, by and through its Administrator, C.T.A., Calvin Burkes v. St. Peter Villa, Inc., d/b/a St. Peter Villa Nursing Home

This appeal involves an award of discretionary costs after a voluntary dismissal. The plaintiff estate filed a lawsuit against the defendant nursing home, alleging abuse and neglect of the plaintiff’s decedent. The defendant nursing home filed a motion for summary judgment and a motion to exclude the plaintiff’s expert. The motion for summary judgment was denied, but the motion to exclude the plaintiff’s expert was granted. The plaintiff then filed a notice of voluntary nonsuit. Consequently, the trial court entered an order of voluntary dismissal without prejudice. After entry of this order, the defendant nursing home filed a motion for discretionary costs, pursuant to Rule 54.04(2) of the Tennessee Rules of Civil Procedure. The trial court granted the motion, and entered an order assessing the costs against the plaintiff estate. The plaintiff estate now appeals, arguing that the defendant nursing home was not entitled to an award of discretionary costs because it obtained no relief on the merits of the case and therefore was not a “prevailing party.” We affirm, finding that Rule 54.04(2) expressly authorizes the trial court, in its discretion, to award discretionary costs to a defendant in a lawsuit that is voluntarily dismissed without prejudice.