NORTH AMERICAN VAN LINES, INC., A FOREIGN CORPORATION, APPELLANT,
v.
FERGUSON TRANSPORTATION, INC. F/K/A MURRAY VAN & STORAGE, INC., AND AWARD WINNING MURRAY VAN AND STORAGE, INC.; ADVANCE RELOCATION & STORAGE OF FLORIDA, INC., A FLORIDA CORPORATION; T. JAMES MOLLOY AND WILLIAM GROCHOWSKI, APPELLEES
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The appellate court held that the appellant was the prevailing party for the purpose of taxing appellate costs, despite the affirmance of compensatory damages.
Appellant successfully appealed the reversal of punitive damages, though compensatory damages were affirmed. The trial court denied appellant's motion…
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RAMIREZ, JUAN, Jr., Associate Judge.
Appellant, North American Van Lines, Inc., appealed from an adverse judgment after a jury verdict in the amount of $1,300,000 in compensatory damages and $13,000,000 in punitive damages. This court, in a prior opinion, affirmed the compensatory damages and reversed the punitive damages.1 The appellant’s subsequent motion to tax appellate costs was denied. We reverse.
It would seem clear at first glance that the appellant is the “prevailing party” under Florida Rule of Appellate Procedure 9.400(a). Its liability was reduced from $14,300,000 to $1,300,000. The confusion stems from Moritz v. Hoyt, 604 So. 2d 807, 810 (Fla.1992), which states that the prevailing party is the one which “has in fact prevailed on the significant issues tried before court.” In the present ease, the trial court seems to have focused on the fact that appellee prevailed at the trial level by obtaining its compensatory damages. But at stake are the appellate costs and in our view the appellant prevailed on the significant issues litigated on appeal. In reaching this conclusion, we are not taking a strictly numerical approach, but we also cannot totally ignore them.
In Overseas Equipment Co. v. Aceros Arquitectonicos, 376 So. 2d 475 (Fla. 3d DCA 1979), the court reached the same conclusion when it reversed $50,000 in punitive damages and affirmed $20,000 in compensatory damages. We do not think that Moritz modifies this precedent.
REVERSED AND REMANDED.
GUNTHER, C.J., and STONE, J., concur. . North Am. Van Lines, Inc. v. Ferguson Transp., Inc., 639 So. 2d 32 (Fla. 4th DCA 1994).
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Fla. Power & Light Co. v. Polackwich, 705 So. 2d 23 (Fla. 2d DCA 1997)…s 'of awarding appellate costs under rule 9.400(a). The test is somewhat modified because the trial court must determine which party prevailed on the significant issues on appeal, not at trial. See North American Van Lines v. Ferguson Transp., Inc., 662 So. 2d 1275 (Fla. 4th DCA 1995). In General Capital, we emphasized that a “dogmatic approach” to appellate costs is not appropriate and that such costs do not automatically “follow the judgment.” 239 So. 2d at 135-36. There are cases involving appeals and cros…
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Paola Perez v. Derik FAY, 198 So. 3d 681 (Fla. 2d DCA 2015)…ting that while the decision on appeal “may not have been, all that the Lucases hoped for, they did prevail on the significant issue in the case” and so were entitled to an award of appellate costs); N. Am. Van Lines, Inc. v. Ferguson Transp., Inc., 662 So. 2d 1275, 1276 (Fla. 4th DCA 1995) (finding that North American prevailed on the' “significant issues” in the appeal when it successfully obtained-reversal of the $13,000,000 punitive damages award even though the $1,300,000 compensatory award was affirmed);…
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Essenson v. Bloom, 251 So. 3d 1026 (Fla. 2d DCA 2018)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Moritz v. Hoyt Enters., Inc., 604 So. 2d 807 (Fla. 1992)
- N. Am. van Lines, Inc. v. Ferguson Transp., Inc., 639 So. 2d 32 (Fla. 4th DCA 1994)
- Overseas Equip. Co., Inc. v. Aceros Arquitectonicos, 376 So. 2d 475 (Fla. 3d DCA 1979)