JOHN A. DRAGSTREM ET UX., APPELLANT,
v.
WILLIS N. BUTTS ET UX., APPELLEE
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PER CURIAM.
The Dragstrems appeal the trial court’s taxation of costs in favor of Butts. Dragstrem argues the trial court erred in taxing costs because doing so was inequita ble and because Butts failed to comply with the fictitious name statute. § 865.09, Fla. Stat. (1977). However, appellant did not raise this issue prior to this court’s previous opinion in Butts v. Dragstrem, 349 So. 2d 1205 (Fla. 1st DCA 1977), cert. denied, 361 So. 2d 831 (Fla.1978). Accordingly, the trial court did not err in disregarding this claim since it was not timely raised. See Cor-Gal Builders, Inc. v. Southard, 136 So. 2d 244 (Fla.3d DCA 1962); Chaikin v. Skolnick, 201 So. 2d 588 (Fla.3d DCA 1967). Finally, it appears that the prevailing party in an action at law is absolutely entitled to the taxing of costs in his favor. § 57.041, Fla. Stat. (1977). Therefore, the trial court was required to tax costs in favor of Butts, regardless of the equities involved.
McCORD, C. J., and MELVIN and LARRY G. SMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Oriental Imports, Inc. v. Rosario Alilin and E. Roger Alilin, M.D., 559 So. 2d 442 (Fla. 5th DCA 1990)…under that statute to deny court costs to the party recovering the judgment. Governing Bd. of St. Johns River Water Mgmt. Dist. v. Lake Pickett Ltd., 543 So. 2d 883 (Fla. 5th DCA 1989). This rule is also followed by other courts. Dragstrem v. Butts, 370 So. 2d 416 (Fla. 1st DCA 1979); Warren Hunnicutt, Jr., Inc. v. Gleason, 462 So. 2d 878 (Fla. 2d DCA 1985); A.M. Mfg., Inc. v. Baratz, 518 So. 2d 421 (Fla. 4th DCA 1988). But see Puder v. Revitz, 424 So. 2d 76 (Fla. 4th DCA 1982), and del Real, M.D. v. Dawson,…
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Granoff v. Seidle, 915 So. 2d 674 (Fla. 5th DCA 2005)…ts to Greenacres, because as a prevailing party, Greenacres is entitled to recover its costs.”); Arellano v. Bisson, 761 So. 2d 365, 366-67 (Fla. 3d DCA 2000); Oriental Imports, Inc. v. Alilin, 559 So. 2d 442 (Fla. 5th DCA 1990); Dragstrem v. Butts, 370 So. 2d 416, 417 (Fla. 1st DCA 1979); see also Jones v. ETS of New Orleans, Inc., 793 So. 2d 912, 915 (Fla. 2001) ("A prevailing party is entitled to recover from the losing party 'all his or her legal costs and charges which shall be included in the judgment.'…
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Gordon T. Couch, M.D. v. Drew, 554 So. 2d 1185 (Fla. 1st DCA 1989)…subrogated to any right the insured may have against the third-party “wrongdoer.” 31 Fla. Jur.2d Insurance, § 949 (emphasis supplied). By holding as a matter of law that a prevailing party’s “absolute” right to statutory costs, Dragstrem v. Butts, 370 So. 2d 416, 417 (Fla. 1st DCA 1979), is nullified by his possession of an insurance policy covering those costs, the insurance company’s entitlement by operation of law to subrogation to that right is also destroyed. We decline to extend the Boca Raton holding…
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- Butts v. Dragstrem, 349 So. 2d 1205 (Fla. 1st DCA 1977)
- Cor-Gal Builders, Inc. v. Scotty Southard, 136 So. 2d 244 (Fla. 3d DCA 1962)
- Chaikin v. Skolnick, 201 So. 2d 588 (Fla. 3d DCA 1967)