In an appeal from an order granting attorney's fees to Defendant following Plaintiffs' voluntary dismissal of their copyright lawsuit, the order is reversed where, because Plaintiffs remained free to refile their copyright claims, they were not "prevailing parties" and thus were not entitled to attorney's fees.
Argued and Submitted May 8, 2009
Filed June 26, 2009
Opinion by Judge Fisher.
Michael A. Morguess, Colantuono & Levin, P.C., Los Angeles, CA