Gassner

RAMIREZ P. J.

*348 The Law Offices of Marc E. Grossman (Grossman firm) represented the plaintiff in this action. After the plaintiff voluntarily dismissed the action without prejudice, the trial court awarded costs-not only against the plaintiff, but also against the Grossman firm. The plaintiff moved to vacate the costs order, but the trial court denied that motion.

The Grossman firm appeals.

The bulk of this opinion is devoted to appealability, because it poses a more difficult issue than do the merits.

With regard to the order awarding costs, there is a split of authority as to whether such an order is appealable when it is made after a voluntary dismissal without prejudice. We will follow the case law holding that it is appealable. The Grossman firm, however, failed to file a timely appeal from that order.

With regard to the order denying the motion to vacate, ordinarily such an order is not appealable on grounds that could have been raised in an appeal *349 from the underlying order. This bar does not apply, however, when the underlying order is void. Moreover, the appeal is timely with respect to this order.

Finally, on the merits, we will hold that the order awarding…