PALM BEACH HEIGHTS DEVELOPMENT AND SALES CORPORATION, A FLORIDA CORPORATION; PALM BEACH INVESTMENT PROPERTIES, INC., A FLORIDA CORPORATION, APPELLANTS,
v.
ARMAND LODEN AND JULIE LODEN, ET AL., APPELLEES

Fla. 4th DCA | 1982-07-28
No. 81-1683
GLICKSTEIN, DELL and WALDEN, JJ., concur.
417 So. 2d 320 Florida District Court of Appeal, Fourth District (1982) Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.

[*321] PER CURIAM.

Having duly considered all of the arguments raised by the parties, we are of the opinion that the only error committed by the trial court was the award of costs to appellee without motion or supporting affidavit. See Burnett v. Burnett, 197 So. 2d 854 (Fla. 1st DCA 1967). Accordingly, we affirm the final judgment except as to the award of costs, which we reverse and remand for consideration upon the filing of such motion and affidavit.

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.

GLICKSTEIN, DELL and WALDEN, JJ., concur.

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  • Dean Witter & Co., Inc. v. Polisar, 443 So. 2d 311 (Fla. 4th DCA 1983)
    …PER CURIAM. The final judgment is affirmed; however, we reverse the order on costs entered without an evidentiary hearing. Palm Beach Heights Development Corp. v. Armand Loden, 417 So. 2d 320 (Fla. 4th DCA 1982). AFFIRMED IN PART; REVERSED IN PART and REMANDED for reconsideration of the matter of costs. [*312] HERSEY and DELL, JJ., concur. ANSTEAD, C.J., dissents without opinion.…

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