A pro se plaintiff who voluntarily dismissed a legal malpractice claim against Edwardsville attorney Shari Murphy is asking to postpone a June 13 hearing on a defense motion to recoup costs.

Madison County Circuit Judge Andreas Matoesian in April dismissed the case that plaintiff Mark Warning filed against Murphy that involved counsel provided in a bankruptcy proceeding.

After it was dismissed, Murphy filed a motion to recover $276.10 in costs for answering the suit and a court reporting transcript fee.

Murphy states that when an action is voluntarily dismissed by the plaintiff, judgment should be entered in favor of defendant to recover costs against the plaintiff. She also states that in all cases where any action is voluntarily dismissed by the plaintiff, then the defendant should recover judgment for costs to be taxed and to be collected in the same manner as judgments are enforced.

Murphy is represented by David Simkins of St. Louis.

Madison County Circuit Court case number 13-L-571

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