JEFFREY BERNSTEIN AND WENDIE BERNSTEIN, APPELLANTS,
v.
NEW BEGINNINGS TRUSTEE, LLC, APPELLEE

Fla. 4th DCA | 2008-11-19
Nos. 4D07-4007, 4D07-4969
WARNER, POLEN and TAYLOR, JJ., concur.
2 So. 3d 346 Florida District Court of Appeal, Fourth District (2008) Positive Treatment
Cited by 4 cases
Topics
Appellate Costs Taxation Of Costs Prevailing Party Attorney'S Fees

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Opinion of the Court
PER CURIAM.

On Motion to Review Order Taxing Costs

PER CURIAM.

The motion to review the order denying appellate costs is granted. The court’s denial of appellate costs is reversed. Although the assessment of attorney’s fees may be deferred until the determination of a prevailing party, the assessment of costs is not likewise deferred. See Lucas v. Barnett Bank of Lee County, 732 So.2d 405 (Fla. 2d DCA 1999). As the appellants prevailed on the significant issues of the appeal, they are entitled to recover their costs on appeal.

Contrary to the appellee’s position, this court’s order denying the motion to tax costs did not deny costs on the merits but merely denied the motion because motions to tax appellate costs must be made in the trial court with review by this court of any order entered. See Fla. R.App. P. 9.400(a), (c). Our order of denial was without prejudice to file a motion to tax costs with the trial court.

We remand for determination and assessment of appellants’ costs on appeal.

WARNER, POLEN and TAYLOR, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Spector v. Robert L. Spector, Robert L. Spector, P.A., 226 So. 3d 256 (Fla. 4th DCA 2017)
    …t attorneys fees. However, unless we specifically state otherwise, our denial of a motion to tax appellate costs filed in this court is presumed to be without prejudice to refile the motion in the circuit court. Bernstein v. New Beginnings Tr., LLC, 2 So. 3d 346, 347 (Fla. 4th DCA 2008). Therefore, because we did not specifically state otherwise, our denial of the Former Wife’s motion for appellate costs is without prejudice. Nationstar Mortgage LLC v. Glass, 219 So. 3d 896, 2017 WL 2664696 (Fla. 4th DCA Ju…
  • L.J. Johnson v. Robert L. "Skip" Jarvis, Jr., 107 So. 3d 428 (Fla. 1st DCA 2012)
    …the event the appellant prevailed below. While the assessment of attorney’s fees may be deferred until the determination of a prevailing party on remand, the assessment of costs is not likewise deferred. See Bernstein v. New Beginnings Trustee, LLC, 2 So. 3d 346 (Fla. 4th DCA 2008); Centennial Mortgage, Inc., 864 So. 2d at 1260 (“[A]n order taxing appellate costs is subject to entry immediately upon conclusion of the appeal and is not dependent upon the ultimate outcome of the case, nor upon a prevailing pa…

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