MEREDITH HUNTER, A MINOR CHILD BY AND THROUGH HER FATHER AND MOTHER, FRANKLIN C. HUNTER AND DONNA HUNTER, INDIVIDUALLY AND JOINTLY, APPELLANTS/CROSS-APPELLEES,
v.
STANLEY GWOCK, M.D., APPELLEE/CROSS-APPELLANT
MEREDITH HUNTER, A MINOR CHILD BY AND THROUGH HER FATHER AND MOTHER, FRANKLIN C. HUNTER AND DONNA HUNTER, INDIVIDUALLY AND JOINTLY, APPELLANTS/CROSS-APPELLEES,
STANLEY GWOCK, M.D., APPELLEE/CROSS-APPELLANT
568 So. 2d 546
Florida District Court of Appeal, First District (1990)
Positive Treatment
Cited by 1 case
Opinion of the Court
WIGGINTON, Judge.
We affirm the issue raised on appeal but reverse the issue on cross-appeal, holding that the trial court erred in denying the appellee/cross-appellant his motion for costs based on the fact that the insurance carrier had paid those costs incurred at trial. In their answer, appellants/cross-ap-pellees concede this issue, citing to the very recent supreme court decision in Aspen v. Bayless, 564 So. 2d 1081 (Fla.1990), not available to the court at trial. Accordingly, consistent with the decision in Aspen, and this court’s decision in Couch v. Drew, 554 So. 2d 1185 (Fla. 1st DCA 1989), the matter is hereby remanded to the trial court to allow for imposition of costs.
MINER and WOLF, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dixie Cnty. Sheriff's Dep't v. In re Forfeiture OF the following described Prop.: 1987 Ford VAN VIN 1FDDE14YHHA73352 1979 Globestar Travel Trailer VIN GLT 31786 Five Thousand Twenty-Eight Dollars & Ninety Cents, 592 So. 2d 748 (Fla. 1st DCA 1992)…90, the sheriffs department disposed of the 1979 Globestar travel trailer. On October 25, 1990, this court affirmed the forfeiture of the 1987 Ford van, but reversed forfeiture of the 1979 Globestar travel trailer. In Re Forfeiture of 1987 Ford Van, 568 So. 2d 546 (Fla. 1st DCA 1990). Based upon that opinion, a mandate was issued to the trial court. On January 10, 1991, the trial court held a hearing upon Easton’s motion for an order consistent with the mandate. The order which resulted from that hearing stat…
Authorities Cited
- Aspen v. Bayless, 564 So. 2d 1081 (Fla. 1990)
- Gordon T. Couch, M.D. v. Drew, 554 So. 2d 1185 (Fla. 1st DCA 1989)