DR. EDWARD SWAN, APPELLANT/CROSS-APPELLEE,
v.
AVERY WISDOM, APPELLEE/CROSS-APPELLANT

Fla. 5th DCA | 1981-01-21
No. 79-1336/T4-604
UPCHURCH, J., and SCHWARTZ, ALAN R., Associate Judge, concur.
392 So. 2d 987 Florida District Court of Appeal, Fifth District (1981) Positive Treatment
Cited by 8 cases
Topics
Appellate Costs

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Opinion of the Court
COBB, Judge.

COBB, Judge.

On a prior appeal, this court granted Swan a new trial. Since he was the prevailing party in that appeal, Swan moved for appellate costs in the trial court. The trial court entered an order finding that Swan was entitled to certain appellate costs, but refused to make the order a cost judgment subject to execution prior to the outcome of the new trial. Swan seeks review of that order. The trial court erred in not making the order a cost judgment subject to execution. Fla.R.App.P. 9.400(a); Yost v. Congress International Corp., 383 So. 2d 732 (Fla. 3d DCA 1980). That portion of the order inconsistent with this opinion is reversed, and the trial court is directed to add language of finality to the order. REVERSED in part, with directions.

UPCHURCH, J., and SCHWARTZ, ALAN R., Associate Judge, concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Stringer v. Lawrence Katzell, M.D., 695 So. 2d 369 (Fla. 4th DCA 1997)
    …itigation. I realize that historically the appellate rule has been interpreted to mandate immediate taxation of appellate costs, including execution thereon. See Di Teodoro v. Lazy Dolphin Dev. Co., 432 So. 2d 625 (Fla. 3d DCA 1983); Swan v. Wisdom, 392 So. 2d 987 (Fla. 5th DCA 1981); Yost v. Congress Int’l Dev. Corp., 383 So. 2d 732 (Fla. 3d DCA 1980).1 If my interpretation of the current appellate rule is incorrect, I would urge the Appellate Rules Committee of the Florida Bar to revisit the issue and make…
    1 / 3
  • Chandler M. Lucas and Shirley K. Lucas v. Barnett Bank OF LEE Cnty., 732 So. 2d 405 (Fla. 2d DCA 1999)
    …Dolphin Development Co., 432 So. 2d 625, 625 (Fla. 3d DCA 1983) (holding that prevailing party on appeal was entitled to recover appellate costs judgment and enjoy immediate execution without awaiting disposition of case on remand); Swan v. Wisdom, 392 So. 2d 987, 987 (Fla. 5th DCA 1981) (reversing circuit court’s refusal to make appellate costs order a judgment subject to execution prior to outcome of new trial); Yost v. Congress International Development Corp., 383 So. 2d 732, 732 (Fla. 3d DCA 1980) (holdi…
  • Fla. Power & Light Co. v. Polackwich, 705 So. 2d 23 (Fla. 2d DCA 1997)
    …would be sounder at the end of the proceeding. The case law, however, requires the trial court to enter an award of appellate costs prior to the new trial because the costs relate to prevailing on appeal, not to prevailing at trial. Swan v. Wisdom, 392 So. 2d 987 (Fla. 5th DCA 1981); Yost v. Congress Int’l Dev. Corp., 383 So. 2d 732 (Fla. 3d DCA 1980).1 When advised of this precedent, the trial court immediately declared that there had been no prevailing party and denied all costs. A trial court’s decision…

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