F.J.W. ENTERPRISES, INC., ETC., APPELLANT,
v.
JONATHAN L. JOHNSON, APPELLEE
F.J.W. ENTERPRISES, INC., ETC., APPELLANT,
JONATHAN L. JOHNSON, APPELLEE
749 So. 2d 573
Florida District Court of Appeal, Fifth District (2000)
Positive Treatment
Cited by 1 case
Opinion of the Court
HARRIS, J.
F.J.W. Enterprises, Inc., the defendant below, appeals a final judgment awarding costs. The judgment was based on the trial court’s finding that Johnson was the prevailing party. However, in a separate, prior appeal, this Court reversed the judgment favoring Johnson. F.J.W. Enterprises, Inc. v. Johnson, 746 So. 2d 1145 (Fla. 5th DCA 1999), rehearing denied, (Dec. 22, 1999). Because Johnson is no longer the prevailing party, he is no longer entitled to costs. See Association Financial Services, Inc. v. Lewis, 551 So. 2d 590, 591 (Fla. 5th DCA 1989).
REVERSED.
W. SHARP, and PETERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Black Diamond Props., Inc. v. Haines, 90 So. 3d 851 (Fla. 5th DCA 2012)…So. 3d 1090 (Fla. 5th DCA 2011). As such, the award of attorney’s fees and costs must be reversed because the appellees are no longer prevailing parties. See Montgomery v. English, 902 So. 2d 836 (Fla. 5th DCA 2005); F.J.W. Enters. Inc. v. Johnson, 749 So. 2d 573 (Fla. 5th DCA 2000); Ass’n Fin. Servs., Inc. v. Lewis, 551 So. 2d 590 (Fla. 5th DCA 1989). REVERSED and REMANDED. SAWAYA and MONACO, JJ., concur.…
Authorities Cited
- F.J.W. Enters., Inc. v. Johnson, 746 So. 2d 1145 (Fla. 5th DCA 1999)
- Ass'n Fin. Servs., Inc. v. Lewis, 551 So. 2d 590 (Fla. 5th DCA 1989)