MARILYN FRASER-WATSON AND GARY WATSON, INDIVIDUALLY, AND AS NATURAL PARENTS AND GUARDIANS OF JAVANNI WATSON, A MINOR, APPELLANTS,
v.
MAXIM HEALTHCARE SERVICES, A FOREIGN CORPORATION, APPELLEE
PER CURIAM.
Appellee, Maxim Healthcare Services, was awarded a judgment for costs after obtaining summary judgment against the appellants. In Fraser-Watson v. Maxim Healthcare Servs., 843 So. 2d 983 (Fla. 4th DCA 2003), we reversed the summary judgment in the underlying case. Consequently, we reverse the judgment for costs. See Mulato v. Mulato, 734 So. 2d 477, 478 (Fla. 4th DCA 1999)(“[W]here the judgment on which a cost judgment is predicated is reversed, the original cost judgment also cannot stand.”); Standard Guar. Ins. Co. v. Geeting, 355 So. 2d 819 (Fla. 2d DCA 1978)(reversing a cost judgment and remanding to trial court for further consideration where underlying judgment was reversed prior thereto).
REVERSED and REMANDED.
STEVENSON, TAYLOR and MAY, JJ., concur.
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Friedrich Wagner v. Detlef Uthoff, M.D., 868 So. 2d 617 (Fla. 2d DCA 2004)…dgment awarding attorneys’ fees pursuant to the offer of judgment must be reversed because the underlying judgment has been reversed. See Marty v. Bainter, 727 So. 2d 1124, 1125 (Fla. 1st DCA 1999); see also Fraser-Watson v. Maxim Healthcare Servs., 849 So. 2d 1201 (Fla. 4th DCA 2003); Rockledge Mall Assocs., Ltd. v. Custom Fences of Brevard, Inc., 779 So. 2d 558, 559 (Fla. 5th DCA 2001). Dr. Uthoffs motion filed pursuant to section 57.105 requested fees and costs based upon the allegation that there was a co…
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Todora v. Venice Golf Ass'n, Inc., 869 So. 2d 1232 (Fla. 2d DCA 2004)…o. 2d 980 (Fla.2003). Because the judgment upon which the cost judgment is predicated has been reversed, the cost judgment cannot stand. Standard Guar. Ins. Co. v. Geeting, 355 So. 2d 819 (Fla. 2d DCA 1978); Fraser-Watson v. Maxim Healthcare Servs., 849 So. 2d 1201 (Fla. 4th DCA 2003). Reversed. NORTHCUTT and STRINGER, JJ., concur.…
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Bernest Mack and Ruby Mack v. Broward Cnty., 900 So. 2d 718 (Fla. 4th DCA 2005)…summary judgment and return the case to the trial court for consistent proceedings. Because we reversé the summary judgment, we [*720] also reverse the order awarding attorney’s fees and costs to the County. Fraser-Watson v. Maxim Healthcare Servs., 849 So. 2d 1201, 1201 (Fla. 4th DCA 2003) (“[W]e reversed the summary judgment in the underlying case. Consequently, we reverse the judgment for costs.”). Reversed. STONE and TAYLOR, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mulato v. Mulato, 734 So. 2d 477 (Fla. 4th DCA 1999)
- Standard Guar. Ins. Co. v. Geeting, 355 So. 2d 819 (Fla. 2d DCA 1978)
- Damiano v. Weinstein, 355 So. 2d 819 (Fla. 3d DCA 1978)
- Fraser-Watson v. Maxim Healthcare Servs., 843 So. 2d 983 (Fla. 4th DCA 2003)