With leave to amend, and you take no action because you want to "cut your losses"?
Oy what a mess this case is:
Here, Defendant is the prevailing party under Florida law, as the district court dismissed Plaintiff’s action against Defendant, despite the fact that the dismissal was without prejudice....Did I mention what a mess this case is?
In the case at bar, on the other hand, the district court’s dismissal of the complaint without prejudice was based not on a procedural ground or technical defect but rather on Plaintiff’s failure to state a cause of action for wrongful dishonor of a letter of credit and its failure to adequately plead fraud. Thus, we find the dismissal without prejudice of the complaint here to be more aligned with the Florida cases finding that a defendant is the prevailing party for purposes of attorneys’ fees when he succeeds in having the plaintiff’s complaint involuntarily dismissed.
Time and a word, kiddies.