OVERSEAS EQUIPMENT COMPANY, INC., APPELLANT,
v.
ACEROS ARQUITECTONICOS, RIVERA E. CIAL, LTD., ET AL., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court held that the trial court erred in denying the prevailing party's motion to tax appellate costs.
Following a prior appeal where Overseas Equipment was the substantially prevailing party, it filed a motion in the trial court to tax appellate costs,…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Taxation Of Appellate Costs cases and more on FLexlaw
PER CURIAM.
This court, in a prior opinion [see: Overseas Equipment Co., Inc. v. Aceros Arquitectónicos, 374 So. 2d 537 (Fla.App. 3d DCA 1979)], reversed a $50,000.00 punitive damages award awarded to the appellee, Aceros Arquitectónicos, and affirmed a $20,000.00 compensatory award. The cause then reoccurred in the trial court by Overseas Equipment filing a motion to tax appellate cost the trial court denied.
In relation to costs, the appellate rules provide:
“Rule 9.400. Costs and Attorney’s Fees (a) Costs. Costs shall be taxed in favor of the prevailing party unless the court orders otherwise. Taxable costs shall include:
(1) fees for filing and service of process;
(2) charges for preparation of the record;
(3) bond premiums; and
(4) other costs permitted by law.
Costs shall be taxed by the lower tribunal on motion served within 30 days after issuance of the mandate.” The mandate from this court provided, in part, as follows:
“YOU ARE HEREBY COMMANDED that such further proceedings be had in said cause in accordance with the opinion of this Court attached hereto and incorporated as part of this order, and with the rules of procedure and laws of the State of Florida.”
Overseas Equipment having been the substantially prevailing party in the appellate proceedings, it should have been accorded its appellate costs. Therefore, the order under review be and the same is hereby reversed, with directions to enter a cost judgment in favor of Overseas Equipment Co., Inc., in accordance with its motion.
Reversed and remanded, with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Kirkland v. Kirkland, 618 So. 2d 295 (Fla. 1st DCA 1993)…ers otherwise.” Although the appellant did not prevail on every issue at the last appeal, she won the major issues of alimony and pension. She therefore should have been awarded the costs of the appeal. See Overseas Equip, v. Aceros Arquitectonicos, 376 So. 2d 475 (Fla. 3d DCA 1979), cert. denied, 383 So. 2d 1189 (Fla.1980). Accordingly, we affirm in part, reverse in part and remand for proceedings consistent with this opinion. ZEHMER and WEBSTER, JJ„ concur.…
-
N. Am. van Lines, Inc. v. Ferguson Transp., Inc., 662 So. 2d 1275 (Fla. 4th DCA 1995)…r view the appellant prevailed on the significant issues litigated on appeal. In reaching this conclusion, we are not taking a strictly numerical approach, but we also cannot totally ignore them. In Overseas Equipment Co. v. Aceros Arquitectonicos, 376 So. 2d 475 (Fla. 3d DCA 1979), the court reached the same conclusion when it reversed $50,000 in punitive damages and affirmed $20,000 in compensatory damages. We do not think that Moritz modifies this precedent. REVERSED AND REMANDED. GUNTHER, C.J., and STO…
-
Milio v. Leinoff & Silvers, P.A., 683 So. 2d 608 (Fla. 3d DCA 1996)…inoff & Silvers, P.A., 668 So. 2d 1108 (Fla. 3d DCA 1996), is reversed and this case is remanded to the trial court for a determination of the amount to be [*609] taxed, and the award of same. See Overseas Equip. Co., Inc. v. Aceros Arquitectonicos, 376 So. 2d 475 (Fla. 3d DCA 1979), cert. denied 383 So. 2d 1189 (Fla.1980); Fla. R.App. P. 9.400(a). Reversed and remanded. BARKDULL and NESBITT, JJ., concur.…
Authorities Cited
- Overseas Equip. Co., Inc. v. Aceros Arquitectonicos, 374 So. 2d 537 (Fla. 3d DCA 1979)