MCFARLAND & SON, INC., AND JONATHAN QUEEN, APPELLANTS,
v.
ROYAL MENDE BASEL AND STEVEN KANE, ETC., APPELLEES
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McFarland & Son, Inc. and Jonathan Queen appealed an order awarding costs to Royal Basel and Steven Kane following a traffic accident judgment. The court affirmed the trial court's award of costs, holding that when a judgment is reversed and a corrected judgment is entered in favor of the same party, the 30-day deadline for filing a motion to tax costs runs from the corrected judgment, not the original judgment.
The court held that the motion to tax costs was timely. When a favorable judgment is reversed and a corrected judgment is entered in favor of the same party, the judgment referred to in Rule 1.525 (requiring motion to tax costs within 30 days after the judgment is filed) is the corrected judgment, not the original judgment. Therefore, the 30-day deadline runs from the date the corrected judgment is filed.
[1] A motion to tax costs must be served within 30 days after the filing of the judgment under which the party claims the right to costs.
[2] When a judgment is reversed and corrected to be in favor of the same party, the 30-day period for filing a motion to tax costs runs from the date of the corrected judgmen…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Rule 1.525, Florida Rules of Civil Procedure, provides that a motion to tax costs "shall" be served within 30 days after the judgment is filed.”
Establishes the governing rule for the timing of costs motions
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Join FLexlaw to unlock all legal intelligenceBasel filed suit against Queen and McFarland & Sons for damages from a traffic accident. A final judgment in favor of Basel was entered in February 20…
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THOMPSON, J.
McFarland & Sons, Inc., and Jonathan Queen (collectively, “McFarland”), appeal an order taxing costs. We affirm.
Royal Basel and Steven Kane, as co-plenary guardians for Mark Basel (collectively “Basel”), filed suit against Jonathan Queen and McFarland & Sons for damages arising out of a traffic accident. In February 2001, a final judgment in favor of Basel was entered. Basel appealed, arguing that the trial court applied the wrong version of section 768.81, Florida Statutes, which addresses joint and several liability. Basel v. McFarland & Sons, Inc., 815 So. 2d 687, 690 (Fla. 5th DCA 2002). We agreed and reversed for entry of a corrected judgment. Id. After our mandate was issued, Basel filed a motion to tax costs in the trial court. Thereafter, in September 2002, the trial court entered a corrected final judgment. Basel filed a renewed motion for taxation of costs, and over McFarland’s objection that the request for costs was untimely, the trial court awarded costs to Basel. We conclude that the motion was not untimely.
On appeal, McFarland argues that Basel’s motion was untimely because it was not served within 30 days after the original judgment was filed, and Basel argues that the motion was timely because it was served within 30 days after the corrected judgment was filed. Rule 1.525, Florida Rules of Civil Procedure, provides that a motion to tax costs “shall” be served within 30 days after the judgment is filed.1 The rule was designed to establish a “bright-line” to resolve any uncertainty concerning the timing of post-trial motions, and to bring them to a timely conclusion. See Wentworth v. Johnson, 845 So. 2d 296 (Fla. 5th DCA 2003).
As the trial court pointed out, the rule does not directly address a situation where a judgment in favor of a party is reversed for entry of a judgment in favor of the same party. We think that, since a favorable judgment is what entitles a party to costs, “the judgment” referred to in the rule, must be the judgment under which the party claims the right to costs. In this case, the judgment under which Basel claims costs is the corrected judgment. Since Basel served his motion within 30 days of that judgment, his motion was not untimely.2
AFFIRMED.
PLEUS and PALMER, JJ., concur. . Rule 1.525, Florida Rules of Civil Procedure, provides:
Any party seeking a judgment taxing costs, attorney's fees, or both shall serve a motion within 30 days after filing of the judgment including a judgment of dismissal, or the service of a notice of voluntary dismissal.
. We note that if Basel had lost the previous appeal, the original judgment would have remained in effect, and he would not have been able to collect costs because he did not move for fees within 30 days of the original judgment.
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MAY v. MAY, 908 So. 2d 558 (Fla. 2d DCA 2005)…king attorney’s fees to serve a motion "within 30 days after filing of the judgment.” The "judgment” that will trigger the Former Wife's right to attorney’s fees will be the corrected order reserving jurisdiction. See McFarland & Son, Inc. v. Basel, 877 So. 2d 964, 966 (Fla. 5th DCA 2004) (" '[T]he judgment' referred to in [rule 1.525], must be the judgment under which the party claims the right to costs. In this case, the judgment under which [the ap-pellee] claims costs is the corrected judgment.”).…
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Italiano v. Italiano, 920 So. 2d 694 (Fla. 2d DCA 2006)…Former Husband’s motion to strike the Former Wife’s motion for attorney’s fees. In support of the trial court’s ruling that the service period of rule 1.525 had not yet begun to run, the Former Wife relies heavily on McFarland & Son, Inc. v. Basel, 877 So. 2d 964 (Fla. 5th DCA 2004). However, that case does not support the Former Wife’s position in this case. In McFarland, the appellate court had reversed a judgment in favor of Basel and remanded for entry of a “corrected” judgment. Within thirty days after…
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Alpaugh Plumbing & Supply OF Tampa, Inc. v. THE Fee-Walters Corp., 947 So. 2d 682 (Fla. 2d DCA 2007)…led within 30 days of the amended final judgment. See Fla. R. Civ. P. 1.525 (“Any party seeking a judgment taxing costs, attorneys’ fees, or both shall serve a motion within 30 days after filing of the judgment....”); McFarland & Son, Inc. v. Basel, 877 So. 2d 964, 966 (Fla. 5th DCA 2004) (holding that the judgment referred to in rule 1.525 “must be the judgment under which the party claims the right to” costs or fees). The judgment entered on October 20, 2004, was nonfinal because it did not dispose of all o…
Authorities Cited
- Wentworth v. Johnson, 845 So. 2d 296 (Fla. 5th DCA 2003)
- Royal Mende Basel & Steven Kane as Co-Plenary Guardians of the person & Prop. of Mark Victor Basel v. McFARLAND & Sons, Inc., 815 So. 2d 687 (Fla. 5th DCA 2002)