MICHAEL FESTA AND TAMARA FESTA, HUSBAND AND WIFE, APPELLANTS,
v.
PINE ISLAND LUMBER, INC., A CORPORATION AND JOSE RODRIGUEZ, APPELLEES
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Florida appellate court affirmed the jury's finding of no permanent injury under the no-fault statute but reversed the award of costs to defendants where the insurer, not the named parties, had incurred those costs.
A nonparty insurer cannot recover costs under Florida's offer-of-judgment and cost-recovery statutes when the named defendants incurred no costs themselves.
[1] A nonparty insurer cannot recover costs under Florida's offer-of-judgment and cost-recovery statutes when the named defendants themselves incurred no costs.
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Join FLexlaw to unlock all legal intelligence“CAN A NONPARTY RECOVER COSTS IT HAS INCURRED ON BEHALF OF A NAMED PARTY UNDER THE RULE AND STATUTES REGARDING OFFERS OF JUDGMENT, OR ARE COSTS RECOVERABLE UNDER THOSE PROVISIONS ONLY BY PARTIES WHO HAVE PAID COSTS OR INCURRED LIABILITY TO DO SO?”
The court certified this question to the Florida Supreme Court as one of great public importance.
Michael and Tamara Festa sued Pine Island Lumber, Inc. and Jose Rodriguez for injuries from an automobile accident. The jury found Mr. Festa had not s…
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RYDER, Acting Chief Judge.
Michael and Tamara-Festa brought a negligence action against Pine Island Lumber, Inc. and Jose Rodriguez for alleged injuries sustained in an automobile accident. The jury returned a verdict that Mr. Festa had not sustained a permanent injury as a result of this accident, as required under Florida’s no fault insurance statute. § 627.737(2), Fla.Stat. (1987). The trial court then awarded appellees taxable legal costs pursuant to chapters 45 and 768, Florida Statutes (1987). At the hearing on appellees’ motion to tax.costs, appellees’ trial counsel conceded that the appellees’ insurer had incurred the court costs, and that appellees had incurred no costs.
We affirm the jury’s verdict finding no permanent injury. We reverse the award of costs to appellees. See Aspen v. Bayless, 552 So. 2d 298 (Fla. 2d DCA 1989) and cases cited therein. We again certify to the supreme court the following question as being one of great public importance:
CAN A NONPARTY RECOVER COSTS IT HAS INCURRED ON BEHALF OF A NAMED PARTY UNDER THE RULE AND STATUTES REGARDING OFFERS OF JUDGMENT, OR ARE COSTS RECOVERABLE UNDER THOSE PRO VISIONS ONLY BY PARTIES WHO HAVE PAID COSTS OR INCURRED LIABILITY TO DO SO?
Affirmed in part, reversed in part and remanded for proceedings consistent with this opinion.
DANAHY and THREADGILL, JJ., concur.
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Citator
Cited By
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Pine Island Lumber, Inc. v. Festa, 575 So. 2d 204 (Fla. 1991)…McDONALD, Justice. In Festa v. Pine Island Lumber, Inc., 561 So. 2d 345, 345-46 (Fla.2d DCA 1990), the district court certified the following question as being of great public importance: CAN A NONPARTY RECOVER COSTS IT HAS INCURRED ON BEHALF OF A NAMED PARTY UNDER THE RULE AND STATUTES REGARDING OFFERS OF JUDGMENT, O…
Authorities Cited
- Aspen v. Bayless, 552 So. 2d 298 (Fla. 2d DCA 1989)