JACK DREW, ET AL., PETITIONERS,
v.
GORDON T. COUCH, M.D., RESPONDENT
McDonald, justice.
We accepted review of Couch v. Drew, 554 So. 2d 1185 (Fla. 1st DCA 1989), because of conflict with Turner v. D.N.E., Inc., 547 So. 2d 1245 (Fla. 4th DCA 1989), and Aspen v. Bayless, 552 So. 2d 298 (Fla. 2d DCA 1989). The issue is whether a prevailing party may recover costs and, when applicable, attorney’s fees when an insurance company has paid such costs on behalf of the prevailing party. In Aspen v. Bayless, 564 So. 2d 1081 (Fla.1990), we quashed the district court’s opinion and held that costs were recoverable. The decision under review is consistent with our opinion in Aspen, and we therefore approve it and disapprove Turner. It is so ordered.
SHAW, C.J., and OVERTON, EHRLICH, BARKETT, GRIMES and KOGAN, JJ., concur.
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Orlando Reg'l Med. Ctr., Inc. v. Boleslaus J. Chmielewski, 573 So. 2d 876 (Fla. 5th DCA 1990)…sought to be held vicariously liable occurred in 1984. Pysz v. Ande, 523 So. 2d 698 (Fla. 4th DCA 1988); Florida Patient's Compensation Fund v. Scherer, 558 [*882] So. 2d 411 (Fla.1990); Couch v. Drew, 554 So. 2d 1185 (Fla. 1st DCA 1989), affirmed, 565 So. 2d 1354 (Fla.1990). . See Ledbetter v. Todd, 418 So. 2d 1116 (Fla. 5th DCA 1982).…
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Hart v. City OF Groveland, 919 So. 2d 665 (Fla. 5th DCA 2006)…ess. 564 So. 2d at 1083. The Florida Supreme Court reaffirmed its holding in Aspen, in Pine Island Lumber, Inc. v. Festa, 575 So. 2d 204 (Fla.1991). In addition, the supreme court extended the holding to include attorney’s fees. See Drew v. Couch, 565 So. 2d 1354 (Fla.1990) (framing the issue as whether a prevailing party may recover costs and when applicable, attorney’s fees when an insurance company has paid such costs on behalf of the prevailing party). Although most of the cases applying Aspen have been…
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Henson v. James M. Barker Co., Inc., 636 So. 2d 887 (Fla. 1st DCA 1994)…. v. Alilin, 559 So. 2d 442, 443 (Fla. 5th DCA 1990) (quoting Governing Bd. of St. Johns River Water Mgmt. Dist. v. Lake Pickett Ltd., 543 So. 2d 883 (Fla. 5th DCA 1989); see, e.g., Couch v. Drew, 554 So. 2d 1185, 1188 (Fla. 1st DCA 1989), approved, 565 So. 2d 1354 (Fla.1990); Dregstrem v. Butts, 370 So. 2d 416, 417 (Fla. 1st DCA 1979). The Hensons in fact concede that the trial court was in error in not providing for taxable costs in favor of Seaboard. In sum, we affirm that portion of the final judgment in…
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- Aspen v. Bayless, 564 So. 2d 1081 (Fla. 1990)
- 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)
- Gordon T. Couch, M.D. v. Drew, 554 So. 2d 1185 (Fla. 1st DCA 1989)