MORGAN STANLEY & CO. INCORPORATED, APPELLANT,
v.
COLEMAN (PARENT) HOLDINGS INC., APPELLEE

Fla. 4th DCA | 2008-02-27
No. 4D05-4756
SHAHOOD, C.J., POLEN and MAY, JJ., concur.
974 So. 2d 631 Florida District Court of Appeal, Fourth District (2008)

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Holding

The court held that the cost judgment must be reversed because the underlying damages award in favor of the appellee was previously reversed.


Facts & Procedural History

This appeal concerned a post-verdict cost judgment entered in favor of Coleman. The underlying damages award in favor of Coleman had been reversed by …

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Opinion of the Court
PER CURIAM.

[*632] PER CURIAM.

By order dated January 27, 2006, this appeal was stayed pending the outcome of case No. 4D05-2606, which was Morgan Stanley’s appeal of the final judgment awarding damages in favor of Coleman. This instant appeal was taken from the post-verdict cost judgment entered in favor of Coleman.

In the earlier case, this court reversed the award in favor of Coleman and directed that a judgment be entered in favor of Morgan Stanley. Morgan Stanley & Co. v. Coleman (Parent) Holdings Inc., 955 So. 2d 1124 (Fla. 4th DCA 2007). Coleman then sought review in the Florida Supreme Court, but the Supreme Court denied review by order dated December 12, 2007. Accordingly, the stay previously entered in this case was lifted by order dated January 16, 2008.

We further ordered appellee Coleman to advise this court whether, in light of the finality of our decision reversing the award of damages, the cost judgment should now be similarly reversed. Appellee has responded that there is no reason not to reverse the cost judgment.

The cost judgment entered by the trial court on November 22, 2005, is therefore reversed.

SHAHOOD, C.J., POLEN and MAY, JJ., concur.


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