JACK MURRAY, APPELLANT,
v.
PLASTRIDGE, INC., AND PAUL W. SPEICHER, APPELLEES
JACK MURRAY, APPELLANT,
PLASTRIDGE, INC., AND PAUL W. SPEICHER, APPELLEES
338 So. 2d 260
Florida District Court of Appeal, Fourth District (1976)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Upon review of the briefs and appellate record we are of the opinion that the appellant having been the prevailing party and the party recovering judgment was entitled to the taxing of costs in his favor. Jordan v. Reynolds, 154 So. 2d 200 (Fla.3d DCA 1963); Blynn v. Hirsch, 136 So. 2d 666 (Fla.3d DCA 1962); F.S. § 57.041. Accordingly, the order denying plaintiff’s motion to tax costs is vacated and set aside and the cause is remanded for further proceedings consistent herewith.
MAGER, C. J., and CROSS and ALDERMAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kendall E. Ests., Inc. v. David P. Banks & Joan S. Banks, 386 So. 2d 1245 (Fla. 3d DCA 1980)…ast that since it was the only “party recovering judgment” in this action at law for money damages, the trial court was obliged by the terms of Section 57.041, Florida Statutes (1979) to assess costs in its favor.1 E. g., Murray v. Plastridge, Inc., 338 So. 2d 260 (Fla. 4th DCA 1976); United Furniture Co. v. Register, 328 So. 2d 566 (Fla. 3d DCA 1976); Jordan v. Reynolds, 154 So. 2d 200 (Fla. 3d DCA 1963). This result is required notwithstanding the fact that the Banks reduced the amount of the plaintiff’s ne…
Authorities Cited
- Pan-American Life Ins. Co. v. Lorido, 154 So. 2d 200 (Fla. 3d DCA 1963)
- Blynn v. Hirsch, 136 So. 2d 666 (Fla. 3d DCA 1962)