ABE SHOEMO, JR., APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Chandler M. Lucas and Shirley K. Lucas v. Barnett Bank OF LEE Cnty., 732 So. 2d 405 (Fla. 2d DCA 1999)
  …ple that entitlement to appellate costs generally is determined according to which party prevailed on the significant issues on appeal; it does not depend on or await the outcome of proceedings on remand. See Florida Power & Light Co. v. Polackwich, 705 So. 2d 23 (Fla. 2d DCA 1997). See also Di Teodoro v. Lazy Dolphin Development Co., 432 So. 2d 625, 625 (Fla. 3d DCA 1983) (holding that prevailing party on appeal was entitled to recover appellate costs judgment and enjoy immediate execution without awaiting…
• Paola Perez v. Derik FAY, 198 So. 3d 681 (Fla. 2d DCA 2015)
  …ot whether the Mother prevailed on all of the issues in the appeal — it is whether she prevailed on the “significant issues.” See, e.g., Lucas v. Barnett Bank of Lee Cty., 732 So. 2d 405, 407 (Fla. 2d DCA 1999); Fla. Power & Light Co. v. Polackwich, 705 So. 2d 23, 25 (Fla. 2d DCA 1997); Osterback v. Turner, 855 So. 2d 1237, 1238 (Fla. 1st DCA 2003). Costs are properly awarded to the party who prevailed on the “significant issues” in the appeal, even if the party did not obtain all of the relief sought. See L…
• Fleitman v. Virginia McPHERSON (individually and as President, 704 So. 2d 587 (Fla. 1st DCA 1997)
  …ys after issuance of the mandate. A trial court’s ruling on a motion to tax appellate costs is reviewed to determine whether the trial court applied the correct law, and whether it abused its discretion. See Florida Power & Light Co. v. Polackwich, 705 So. 2d 23 (Fla.1997). See also Moritz v. Hoyt Enterprises, Inc., 604 So. 2d 807, 810 (Fla.1992). “[T]he trial court must determine which party prevailed on the significant issues on appeal, not at trial.” FP & L v. Polackwich, 705 So. 2d at 25. The trial cou…

Authorities Cited

• Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
• Robinson v. State, 373 So. 2d 898 (Fla. 1979)
• Kearney v. State, 579 So. 2d 410 (Fla. 1st DCA 1991)