WINN DIXIE STORES, INC., APPELLANT,
v.
CHARLIE COCHRAN AND GEORGE COCHRAN, HER HUSBAND, APPELLEES

Fla. 5th DCA | 1989-03-30
No. 88-1365
SHARP, C.J., and COWART, J., concur.
540 So. 2d 914 Florida District Court of Appeal, Fifth District (1989) Positive Treatment
Cited by 2 cases

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.

Synopsis

Winn Dixie appealed an order denying its motion to tax costs after making a settlement offer under Florida Rule of Civil Procedure 1.442. The trial judge denied the cost award despite Winn Dixie's offer being more favorable than the final judgment obtained by the opposing party, and the appellate court reversed, holding that the trial judge must award costs when the judgment is not more favorable than the offer.


Holding

The trial judge must award taxable costs incurred after a settlement offer when the final judgment is not more favorable than the offer. While there is some discretion regarding what costs are taxable, the trial judge has no discretion to refuse to award reasonable and necessary costs in accordance with Rule 1.442.


Headnotes

[1] A party defending against a claim must pay the costs incurred after the making of an offer of judgment if the judgment finally obtained by the adverse party is not more f…

[2] A trial judge has discretion to determine which costs are taxable but must adhere to the rules of civil procedure regarding the payment of reasonable and necessary costs…

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Key Quotes

“If the judgment finally obtained by the adverse party is not more favorable than the offer, he must pay the costs incurred after the making of the offer.”

This is the controlling language from Rule 1.442 that mandates the award of costs when a settlement offer was more favorable than the final judgment.

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Facts & Procedural History

Winn Dixie made a timely offer to settle the case for an amount that exceeded the judgment ultimately obtained by the Cochrans. After judgment was ent…

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Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal from an order denying appellant’s motion to tax costs. Appellant timely offered to settle the case for an amount which exceeded the amount ultimately obtained by the appellee. The rule, Rule 1.442, Florida Rule of Civil Procedure,1 specifically says “If the judgment finally obtained by the adverse party is not more favorable than the offer, he must pay the costs incurred after the making of the offer.”

For some reason unexplained by the trial judge and unsupported by any substantial legal argument of appellee, the trial judge denied the proper motion of appellant. Ap-pellee asserts that the trial judge has discretion not to award taxable costs. That is not so. There is some discretion to decide what costs are taxable but the trial judge must adhere to the rules of civil procedure and order payment of all reasonable and necessary costs incurred after the making of the offer of judgment.

The order denying the award is quashed and this cause remanded for entry of a proper order and judgment.

ORDER QUASHED, REMANDED.

SHARP, C.J., and COWART, J., concur. . Fla.R.Civ.P. 1.442:

At any time more than ten days before the trial begins a party defending against a claim may serve an offer on the adverse party to allow judgment to be taken against him for the money or property or to the effect specified in his offer with costs then accrued. An offer of judgment shall not be filed unless accepted or until final judgment is rendered. If the adverse party serves written notice that the offer is accepted within ten days after service of it, either party may then file the offer and notice of acceptance with proof of service and thereupon the court shall enter judgment. An offer not accepted shall be deemed withdrawn and evidence of it is not admissible except in a proceeding to determine costs. If the judgment finally obtained by the adverse party is not more favorable than the offer, he must pay the costs incurred after the making of the offer. The fact that an offer is made but not accepted does not preclude a subsequent offer. When the liability of one party to another has been determined by verdict or order or judgment but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer before trial if it is served within a reasonable time, not less than ten days, before beginning of the hearing or trial to determine the amount or extent of liability. This rule shall not apply to actions or matters related to dissolution of marriage, alimony, nonsupport or child custody-

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Citator

Cited By

  • Bonfiglio v. Fin. Sec. Sav. & Loan Ass'n, 552 So. 2d 941 (Fla. 4th DCA 1989)
    …ie v. U.S. Security Company, 14 F.L.W. 1753 (Fla. 3d DCA July 25, 1989). However, we reverse the trial court’s order denying appellants’ motion to tax costs pursuant to Florida Rule of Civil Procedure 1.442. See Winn Dixie Stores, Inc. v. Cochran, 540 So. 2d 914 (Fla. 5th DCA 1989). We remand this ease to the trial court with instructions to award appellants reasonable and necessary costs incurred after the making of the offer of judgment. AFFIRMED IN PART; REVERSED IN PART and REMANDED. DOWNEY and DELL…

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