DAVID L. VAN DEVANDER ET AL., APPELLANTS,
v.
EMIL L. KNESNIK, FOR USE AND BENEFIT OF LIBERTY MUTUAL INSURANCE COMPANY, ET AL., APPELLEES
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In this subrogation action arising from an automobile accident, the trial court entered judgment for the insurer-plaintiff against the valet parking attendant and his employer, but denied recovery against the vehicle owner and his insurer. On appeal, the defendants challenged the judgment on liability and the cost award, with the appellate court finding the liability judgment sound but correcting the cost calculation.
The liability judgment against Van Devander and Dumar Corporation was affirmed as supported by the evidence. However, the cost judgment was amended because costs previously awarded to successful defendants against the plaintiff could not be added to and charged against the unsuccessful defendants.
[1] A subrogation claim by an insurer is valid when it has made payment to its insured for property damage and loss of use resulting from an automobile accident.
[2] In a bench trial, a court may enter judgment in favor of a plaintiff against a defendant and their insurer for property damage and loss of use arising from an automobile…
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Join FLexlaw to unlock all legal intelligence“the costs awarded to the successful defendants against the plaintiff could not properly be added to the costs claimed against the unsuccessful defendants and charged against them in a cost judgment”
Establishes the core issue on appeal regarding improper duplication of costs in the judgment.
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Join FLexlaw to unlock all legal intelligenceAvchen left his automobile with valet parking attendant Van Devander at a restaurant. While Van Devander was returning the vehicle to Avchen, it colli…
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This action was by Emil L. Knesnik for use and benefit of his Insurer Liberty Mutual Insurance Company, to recover for property damage and loss of use of Knes-nik’s automobile for a period resulting from an automobile accident. The action was filed against Berney D. Avchen and his insurer Government Employees Insurance Company, David L. Van Devander and his employer Dumar Corporation and the latter’s insurer The Travelers Indemnity Company. Certain evidence was presented of payment having been made to Knesnik by his insurer, as the basis for the subrogation claim by the latter.
Avchen was a customer at a restaurant where valet parking of his automobile was made by Van Devander. When the parked vehicle was being returned to Avchen by Van Devander it was involved in a collision with Knesnik’s automobile. On trial of the cause without a jury the court entered judgment in favor of the plaintiff against Van Devander, Dumar Corporation and the latter’s insurer, in the amount of $1,587.66 plus costs to be later taxed. Recovery was denied as to the defendants Avchen and his insurer, and judgment was entered in favor of those defendants.
This appeal was filed by the defendants against whom judgment was entered, Van Devander, Dumar Corporation and The Travelers Indemnity Company. The several contentions presented by the appellants have been considered in the light of the record, briefs and argument, and are found to be without merit, except appellants’ contention relating to the amount of the costs charged against them.
The successful defendants moved for and were granted judgment against the plaintiff for their costs in the amount of $104.60.
As basis for the cost judgment against the unsuccessful defendants, an affidavit was filed on behalf of the plaintiff listing *58costs in the aggregate amount of $257.64. In the separate cost judgment entered in favor of the plaintiff, against the unsuccessful defendants Van Devander and The Travelers Indemnity Company, the trial court included the amount of $104.60 which had been allowed as a cost judgment against the plaintiff in favor of the other defendants.
The appellant contends, and we agree, that the costs awarded to the successful defendants against the plaintiff could not properly be added to the costs claimed against the unsuccessful defendants and charged against them in a cost judgment. See 20 C.J.S. Costs § 113. Accordingly, the cost judgment entered in favor of the plaintiff against the unsuccessful defendants is hereby amended by reducing the amount thereof to $257.64.
As so amended the judgment is affirmed.
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Food Fair Props., Inc. v. Leonora Snellgrove and John Snellgrove, 292 So. 2d 66 (Fla. 3d DCA 1974)…sed in Leveridge v. Lapidus, Fla.App. 1958, 105 So. 2d 207. Appellant’s point directed to the assessment of the entire costs of the proceeding against it as the single defendant found liable is well-taken. See Van Devahder v. Knesnik, Fla.App.1973, 281 So. 2d 57. The judgment is affirmed except as to the assessment of costs in the trial court, and the cause is remanded with directions for the assessment of costs in accordance with the views expressed in Van Devander v. Knesnik, supra. Affirmed in part, re…
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Miller v. J.M. Pontiac & Gen. Motors Corp., 593 So. 2d 629 (Fla. 4th DCA 1992)…PER CURIAM. Affirmed on the authority of Van Devander v. Knesnik, 281 So. 2d 57, 58 (Fla. 3d DCA 1973); see also Puder v. Revitz, 424 So. 2d 76, 77 (Fla. 3d DCA 1982); Department of Transp. v. Vega, 414 So. 2d 559, 560-61 (Fla. 3d DCA 1982), rev. denied, 424 So. 2d 763 (Fla.1983). AFFIRMED. DOWNEY and WARNER, JJ„ and OWEN,…