THE ACADEMY OF ABILITY, INC. AND WILLIAM HARRIS
v.
KAREANA V. MCCLOUD AS GUARDIAN OF THE PERSON AND PROPERTY OF T.B., AN INCAPACITATED PERSON
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A party who fails to challenge each reason supporting a trial court's ruling in its initial brief abandons the issue, and an order taxing costs against a guardian does not impose personal liability on the guardian when the order expressly recognizes the guardian is not personally liable.
[1] An appellant who fails to challenge each reason supporting a trial court's ruling in its initial brief abandons the issue and may not raise the argument for the first tim…
Previewing 1 of 1 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“An appellant who presents no argument as to why a trial court's ruling is incorrect on an issue has abandoned the issue—essentially conceded that denial was correct.”
Court citing Davis v. State regarding appellate abandonment of issues
The Academy of Ability, Inc. and William Harris appealed a trial court's ruling on a motion to tax costs following the voluntary dismissal of a guardi…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2024-1498 Lower Tribunal No. 2020-CA-6655 _____________________________
IN RE: Guardianship of T.B., an incapacitated person.
THE ACADEMY OF ABILITY, INC. and WILLIAM HARRIS, Appellants/Cross-Appellees, v. KAREANA V. MCCLOUD, as guardian of the person and property of T.B., an incapacitated person, Appellee/Cross-Appellant. _____________________________
Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Orange County. Brian S. Sandor, Judge.
August1, 2025
NARDELLA, J.
This appeal stems from the trial court’s ruling on the motion to tax costs of The Academy of Ability, Inc. and William Harris (“Defendants”) following the voluntary dismissal of the case by Kareana V. McCloud, as guardian of the person and property of T.B. (“Plaintiff”).1 The parties each raise one issue on appeal, both of which we find unavailing. First, with respect to Defendants’ argument
2
challenging the trial court’s rejection of costs associated with treating and expert witnesses, we find they failed to challenge each of the reasons supporting that finding in their initial brief, thus, allowing the trial court’s ruling to stand on the unchallenged reason. See Davis v. State, 153 So. 3d 399, 401 (Fla. 1st DCA 2014) (“An appellant who presents no argument as to why a trial court’s ruling is incorrect on an issue has abandoned the issue—essentially conceded that denial was correct.” (quoting Prince v. State, 40 So. 3d 11, 13 (Fla. 4th DCA 2010))).2 Second, with respect to Plaintiff’s argument that the trial court erred by holding Ms. McCloud personally liable for the costs, we find the order on costs does no such thing. Rather, the order expressly recognizes that the guardian, Ms. McCloud, is not personally liable for the costs. For these reasons, we affirm the trial court’s ultimate ruling on Defendants’ motion to tax costs against Plaintiff.
AFFIRMED.
TRAVER, C.J., and WHITE, J., concur.
Jason M. Azzarone, Thomas Saieva, and Lesley Stine, of La Cava Jacobson & Goodies, P.A., Tampa, for Appellants/Cross-Appellees.
Ryan Christopher Rodems, of Morgan & Morgan, P.A., Orlando, for Appellee/Cross-Appellant.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
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Citator
Authorities Cited
- Hoskins v. State, 75 So. 3d 250 (Fla. 2011)
- Prince v. State, 40 So. 3d 11 (Fla. 4th DCA 2010)
- Davis v. State, 153 So. 3d 399 (Fla. 1st DCA 2014)
- Askar v. ABO, 411 So. 3d 449 (Fla. 6th DCA 2024)