STEVEN G. TURNER AND TERESA TURNER, HIS WIFE, APPELLANTS,
v.
D.N.E., INC., A FLORIDA CORPORATION, APPELLEE
Explore caselaw by topic → Browse Florida Rule Of Civil Procedure 1.420(D) cases and more on FLexlaw
PER CURIAM.
After an injured plaintiff took a voluntary dismissal without prejudice, the trial court awarded costs against him in favor of the defendant. We reverse.
It is true that under Florida Rules of Civil Procedure 1.420(d), costs can be assessed against a party who voluntarily dismisses an action. Stuart Plaza, Ltd. v. Atlantic Coast Development Corporation of Martin County, 493 So. 2d 1136 (Fla. 4th DCA 1986). The defendant is, in essence, the prevailing party in the litigation and entitled to costs. However, costs are only recoverable by a prevailing party who has either paid the costs or incurred liability to do so. City of Boca Raton v. Boca Villas Corp., 372 So. 2d 485 (Fla. 4th DCA 1979). In this case, the plaintiff argues that because the defendant stipulated that it did not have to pay the expenses and was not obligated under its insurance policy to reimburse its insurer, the award was in error. We agree. See also Lafferty v. Tennant, 528 So. 2d 1307 (Fla. 2d DCA 1988).
REVERSED AND REMANDED.
LETTS, WALDEN and GUNTHER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Aspen v. Bayless, 564 So. 2d 1081 (Fla. 1990)…regarding offers of judgment, or are costs recoverable under those provisions only by parties who have paid costs or incurred liability to do so? 552 So. 2d at 301. In Hough the fifth district certified conflict with Aspen, Turner v. D.N.E., Inc., 547 So. 2d 1245 (Fla. 4th DCA 1989), and City of Boca Raton v. Boca Villas Corp., 372 So. 2d 485 (Fla. 4th DCA 1979). We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution. We hold that a party is not precluded from recovering costs unde…
-
Rondoe Marie Williams v. Jeannine O. Brochu, 578 So. 2d 491 (Fla. 5th DCA 1991)…. . Aspen v. Bayless, 564 So. 2d 1081 (Fla.1990), approving, Hough v. Huffman, 555 So. 2d 942 (Fla. 5th DCA 1990) (and disapproving the cases relied upon by the plaintiff: Aspen v. Bayless, 552 So. 2d 298 (Fla. 2d DCA 1989); Turner v. D.N.E., Inc., 547 So. 2d 1245 (Fla. 4th DCA 1989); and City of Boca Raton v. Boca Villas Corp., 372 So. 2d 485 (Fla. 4th DCA 1979)). See also Royster v. Van Der Meulen, 564 So. 2d 1204 (Fla. 1st DCA 1990). .See e.g., Florida Standard Jury Instructions in Criminal Cases 2.04(a);…
-
Aspen v. Bayless, 552 So. 2d 298 (Fla. 2d DCA 1989)…, that “[s]ince the title insurance company is not a party to this action, it has established no basis for recognizing any liability on the part of [the defendant] to the title insurance company.” Id. at 1308. In addition, in Turner v. D.N.E., Inc., 547 So. 2d 1245 (Fla. 4th DCA 1989), the court held that it was error to award costs to the defendant after the plaintiff’s voluntary dismissal, where the defendant had neither paid the costs nor incurred liability to do so, citing City of Boca Raton and Lafferty.…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Stuart Plaza, Ltd. v. Atl. Coast Dev. Corp. OF Martin Cnty., 493 So. 2d 1136 (Fla. 4th DCA 1986)
- Bjarne B. Andersen, Jr. v. In re the Est. of Bjarne B. Andersen, 372 So. 2d 485 (Fla. 1st DCA 1978)
- Arland Wayne Lafferty and Peggy Jo Lafferty v. Tennant, 528 So. 2d 1307 (Fla. 2d DCA 1988)