THOMAS GIDDENS, APPELLANT,
v.
THERESA TLSTY, APPELLEE
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Thomas Giddens sought review of a trial court's order denying his motion to tax appellate costs after he prevailed in reversing an injunction against him. The appellate court reversed the trial court's denial, holding that the trial court had jurisdiction to award appellate costs to the prevailing party and remanded for the trial court to tax those costs against the unsuccessful appellee.
The trial court has jurisdiction to tax appellate costs pursuant to Florida Rule of Appellate Procedure 9.400(a) when a motion is timely filed within 30 days after issuance of the mandate. Costs must be taxed in favor of the party who prevailed on the appeal.
[1] Motions to tax appellate costs must be filed in the lower tribunal after jurisdiction has been returned by the appellate court's mandate.
[2] A party may serve a motion to tax appellate costs within thirty days after the issuance of the mandate.
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Join FLexlaw to unlock all legal intelligence“Motions to tax "appellate costs cannot be filed in the district court but must be filed in the lower tribunal after jurisdiction has been returned to that body by our mandate."”
Establishes that appellate costs motions must be filed in the trial court, not the appellate court, after the mandate is returned.
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Join FLexlaw to unlock all legal intelligenceGiddens challenged a final injunction for protection against repeat violence entered against him by Theresa Tlsty. The appellate court reversed the in…
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ON APPELLANT’S MOTION FOR REVIEW OF LOWER TRIBUNAL’S DENIAL OF APPELLANT’S MOTION TO TAX APPELLATE COSTS
Thomas Giddens seeks review of the order denying the motion to tax appellate costs he filed in circuit court pursuant to Florida Rule of Appellate Procedure 9.400(a). We grant his motion for review, reverse the circuit court’s order, and remand for further proceedings.
In the main appeal, Mr. Giddens challenged a final injunction for protection against repeat violence, entered against him at the behest of Theresa Tlsty pursuant to section 784.046(2), Florida Statutes (2011). On grounds that competent, substantial evidence did not support the final injunction, we reversed. Giddens v. Tlsty, 87 So.3d 843 (Fla. 1st DCA 2012). Four days after the mandate issued, Mr. Gid-dens filed a motion in the trial court to tax appellate costs pursuant to Florida Rule of Appellate Procedure 9.400(a).1 In the order under review, the trial court denied the motion, on the mistaken ground that it was without jurisdiction to award appellate costs. We now grant the motion for review of the order denying appellate costs. See Fla. R.App. P. 9.400(c).2
In granting the motion for review, we reverse the trial court’s July 25, 2012 order denying the motion to tax appellate costs. Motions to tax “appellate costs cannot be filed in the district court but must be filed in the lower tribunal after jurisdiction has been returned to that body by our mandate.” Superior Prot., Inc. v. Martinez, 930 So.2d 859, 860 (Fla. 2d DCA 2006). So long as the motion to tax appellate costs is timely, costs must be taxed in favor of the party who prevailed on the appeal. See Martin v. Hialeah Hous. Auth., 972 So.2d 1113, 1114 (Fla. 3d DCA 2008) (“Under Florida Rule of Appellate Procedure 9.400(a), a party may serve a motion to tax costs within thirty days after the issuance of the mandate. Thus, by its terms, rule 9.400(a) authorizes proceedings for appellate costs to take place after the mandate has issued.”); Moran Towing of Fla., Inc. v. Mays, 623 So.2d 850, 850 (Fla. 1st DCA 1993) (noting the trial court has jurisdiction pursuant to rule 9.400(a) for consideration of a motion for taxation of appellate costs “for 30 days following issuance of mandate without an order or directions from this court”); Jackson v. *258 Dade Cnty. Sch. Bd., 433 So.2d 1367, 1368 (Fia. 1st DCA 1983) (concluding the lower tribunal had jurisdiction to entertain a motion to tax appellate costs because the motion to tax appellate costs was served within thirty days after the issuance of the mandate). We remand for proceedings pursuant to Florida Rule of Appellate Procedure 9.400(a), to fix and tax the costs of the appeal against Theresa Tlsty, the unsuccessful appellee.
Reversed and remanded.
WETHERELL and RAY, JJ., concur.
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Paola Perez v. Derik FAY, 198 So. 3d 681 (Fla. 2d DCA 2015)…bunal, appellate costs must be taxed in favor of the party who prevailed in the appeal unless the appellate court has ordered otherwise. See, e.g., Dahly v. Dep’t of Children & Family Seros., 845 So. 2d 850, 351 (Fla. 2d DCA 2003); Giddens v. Tlsty, 98 So. 3d 257 (Fla. 1st DCA 2012); Am. Med. Int’l, 484 So. 2d at 594. The circuit court does not have discretion to refuse to award appellate costs when the appellate court has not ordered that costs be denied, although the circuit court is charged with determini…
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Daniels v. Sorriso Dental Studio, LLC, 178 So. 3d 111 (Fla. 2d DCA 2015)…bunal, appellate costs must be taxed in favor of the party who prevailed in the appeal unless the appellate court has ordered otherwise. See, e.g., Dahly v. Dep’t of Children & Family Servs., 845 So. 2d 350, 351 (Fla. 2d DCA 2003); Giddens v. Tlsty, 98 So. 3d 257 (Fla. 1st DCA 2012); Am. Med. Int’l, 484 So. 2d at 594. The “lower tribunal” does not have the discretion to refuse to award appellate costs when the appellate court has not so ordered, although the lower tribunal does have discretion in determining…
Authorities Cited
- Jackson v. Dade Cnty. Sch. Bd., 433 So. 2d 1367 (Fla. 1st DCA 1983)
- Superior Prot., Inc. v. Martinez, 930 So. 2d 859 (Fla. 2d DCA 2006)
- Moran Towing OF Fla., Inc. v. Mays, 623 So. 2d 850 (Fla. 1st DCA 1993)
- Moore v. State, 972 So. 2d 1113 (Fla. 4th DCA 2008)
- Gamble v. State, 87 So. 3d 843 (Fla. 1st DCA 2012)
- Giddens v. Tlsty, 87 So. 3d 843 (Fla. 1st DCA 2012)