DATA LEASE FINANCIAL CORPORATION, APPELLANT,
v.
BLACKHAWK HEATING & PLUMBING CO., INC., AN ILLINOIS CORPORATION, AND ANDREW MACHATA, APPELLEES
PER CURIAM.
This is an appeal from an order taxing costs after the entry of a judgment in favor of the appellees as to the issue of appellees’ right to specific performance of an option agreement. At the time of the entry of judgment numerous other issues, including the appellant’s right to compensation, remained pending and unresolved before the trial court. Under these circumstances we are of the opinion that the trial court act prematurely and without authority in taxing costs before the action was finally determined. Lake Region Paradise Island, Inc. v. Graviss, 323 So. 2d 610 (Fla.2d DCA 1972). Accordingly, the order taxing costs is hereby reversed with directions that further proceedings to be conducted in accordance with this opinion.
ANSTEAD, GLICKSTEIN and HURLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Stringer v. Lawrence Katzell, M.D., 695 So. 2d 369 (Fla. 4th DCA 1997)…construed to mean that taxable costs are only allowable at or after the time of entry of final judgment. Lake Region Paradise Island, Inc. v. Graviss, 828 So. 2d 610 (Fla. 2d DCA 1975); see Data Lease Fin. Corp. v. Blackhawk Heating & Plumbing Co., 384 So. 2d 211 (Fla. 4th DCA 1980); Brinker v. Ludlow, 379 So. 2d 999 (Fla. 3d DCA 1980), approved, 403 So. 2d 969 (Fla.1981); Sears. To interpret the appellate rule as conditioning the award of appellate courts on the appellant’s ultimately prevailing would thus…
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NCN Elec., Inc. v. Leto, 498 So. 2d 1377 (Fla. 2d DCA 1986)…2d DCA 1982), and generally the taxation occurs at or following the final judgment. Lake Region Paradise Island, Inc. v. Graviss, 323 So. 2d 610 (Fla. 2d DCA 1975); see also Data Lease Financial Corporation v. Blackhawk Heating & Plumbing Co., Inc., 384 So. 2d 211 (Fla. 4th DCA 1980). Indeed, our supreme court has said that “costs may be adjudicated after final judgment, after the expiration of the appeal period, during the pendency of an appeal, and even after the appeal has been concluded.” Roberts v. Askew…
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Blackhawk Heating & Plumbing Co., Inc. v. Data Lease Fin. Corp., 446 So. 2d 127 (Fla. 4th DCA 1970)…l Corp., 358 So. 2d 1204 (Fla. 4th DCA 1978), cert. denied, 364 So. 2d 881 (Fla.1978); Blackhawk Heating & Plumbing Co. v. Data Lease Financial Corp., 370 So. 2d 94 (Fla. 4th DCA 1979); Data Lease Financial Corp. v. Blackhawk Heating & Plumbing Co., 384 So. 2d 211 (Fla. 4th DCA 1980); Citibank, N.A. v. Blackhawk Heating & Plumbing Co., 398 So. 2d 984 (Fla. 4th DCA 1981). . Citibank, N.A. v. Data Lease Financial Corp., 645 F. 2d 333 (5th Cir.1981), and other unreported decisions. . Citibank, N.A., formerly k…
Authorities Cited
- Lake Region Paradise Island, Inc. v. Graviss, 323 So. 2d 610 (Fla. 2d DCA 1975)