GILBERT A. DI TEODORO AND PATRICIA A. DI TEODORO, HIS WIFE, APPELLANTS,
v.
LAZY DOLPHIN DEVELOPMENT COMPANY D/B/A JACK'S BAR AND PACKAGE STORE, APPELLEE
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PER CURIAM.
The appellants seek review of an order postponing the taxation of appellate costs relating to a prior appeal in this cause, Di Teodoro v. Lazy Dolphin Development Co., 418 So. 2d 428 (Fla. 3d DCA 1982), until after the entire case has been disposed of at trial.
Under Florida Rule of Appellate Procedure 9.400(a), the prevailing party in this court is automatically entitled to taxation of certain enumerated costs unless otherwise directed by the respective courts of appeal. The rule expressly provides:
Costs shall be taxed by the lower tribunal on motion served within 30 days after issuance of the mandate.
Because plaintiff prevailed in this court, he was, after issuance of our mandate, entitled to then recover his cost judgment and enjoy an immediate writ of execution. Yost v. Congress International Development Corp., 383 So. 2d 732 (Fla. 3d DCA 1980). He is not required to await the ultimate disposition of the case on remand.
For the foregoing reason, the cause is reversed and remanded with directions to immediately award appellate costs.
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Stringer v. Lawrence Katzell, M.D., 695 So. 2d 369 (Fla. 4th DCA 1997)…oned upon that party ultimately prevailing in the litigation. 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 Committe…1 / 3
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Chandler M. Lucas and Shirley K. Lucas v. Barnett Bank OF LEE Cnty., 732 So. 2d 405 (Fla. 2d DCA 1999)…y prevailed on the significant issues on appeal; it does not depend on or await the outcome of proceedings on remand. See Florida Power & Light Co. v. Polackwich, 705 So. 2d 23 (Fla. 2d DCA 1997). See also Di Teodoro v. Lazy 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)…
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Dahly v. Dep't OF Child. & Fam. Servs., 845 So. 2d 350 (Fla. 2d DCA 2003)…lorida Rule of Appellate Procedure 9.400(a), unless otherwise directed by this court, the prevailing party is entitled to file a motion in the trial court within thirty days of remand to obtain an award of costs. Di Teodoro v. Lazy Dolphin Dev. Co., 432 So. 2d 625 (Fla. 3d DCA 1983). The party who prevails in the appeal is entitled to obtain this award prior to the conclusion of proceedings in the trial court and without regard to whether they ultimately prevail in the trial court proceeding. In this case,…
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- Yost v. Cong. Int'l Dev. Corp., 383 So. 2d 732 (Fla. 3d DCA 1980)
- DI Teodoro v. Lazy Dolphin Dev. Co., 418 So. 2d 428 (Fla. 3d DCA 1982)