UNITED STATES AUTOMOBILE ASSOCIATION, THOMAS M. LE RETILLEY, AND THOMAS C. LE RETILLEY, APPELLANTS,
v.
LORI LYNN JOHNSTON, A MINOR, BY AND THROUGH HER MOTHER AND NEXT FRIEND, TOBY A. JOHNSTON, AND TOBY A. JOHNSTON, INDIVIDUALLY, ANTHONY A. BEVILACQUA, JR., AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, AN ILLINOIS CORPORATION, APPELLEES

Fla. 4th DCA | 1977-11-09
No. 76-2301
ALDERMAN, C. J., and LETTS, J., con- • cur.
352 So. 2d 1190 Florida District Court of Appeal, Fourth District (1977) Positive Treatment
Cited by 23 cases


Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

Appellants were among several Defendants against whom Judgments were entered as a result of a personal injury suit. Appellees-Bevilacqua and State Farm were the other Defendants who had settled out after the jury verdict of liability but before the verdict on damages. The court assessed costs against Appellants but not against Bevilacqua and State Farm. Appellants complain that the court should have assessed costs against all Defendants equally even though the Appellee-Defendants settled before the verdict on damages.

Costs awards are generally within the sound discretion of the trial judge, del Real v. Dawson, 320 So. 2d 20 (Fla. 4th DCA 1975). Appellants have not shown the trial judge abused his discretion. We have considered the remaining points on appeal and find them without merit.

AFFIRMED.

ALDERMAN, C. J., and LETTS, J., con- • cur.


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Citator

Cited By

  • Baxter's Asphalt & Concrete, Inc. v. Liberty Cnty., 406 So. 2d 461 (Fla. 1st DCA 1981)
    …with the bid specifications constituted a clear violation of the competitive bid statute applicable here, Section 336.44, Florida Statutes (1979),1 in that the deviations in Gulf’s bid were material. See Harry Pepper & Assoc. v. City of Cape Coral, 352 So. 2d 1190 (Fla.2d DCA 1977). The court in Harry Pepper & Assoc., cited 64 Am.Jur.2d, Public Works & Contracts, § 59 (1972), for the following proposition: “The test for measuring whether a deviation in a bid is sufficiently material to destroy its competitive…
    1 / 2
  • …So. 2d 1102 (Fla.1981). “It is only material if it gives the bidder a substantial advantage over the other [*607] bidders and thereby restricts or stifles competition.” Tropabest, 493 So. 2d at 52; Harry Pepper & Assocs., Inc. v. City of Cape Coral, 352 So. 2d 1190, 1193 (Fla. 2d DCA 1977). . Asserting the complete lack of a justiciable issue, HRS also invoked section 57.105, Florida Statutes, as a basis for the award of attorney's fees it sought from the administrative law judge (as he is now known). But sec…
  • …ocess, and encourage future competition. See, e.g., Wester v. Belote, 103 Fla. 976, 138 So. 721 (1931); Baxter’s Asphalt and Concrete, Inc. v. Liberty County, 406 So. 2d 461 (Fla. 1st DCA 1981); Harry Pepper & Associates, Inc. v. City of Cape Coral, 352 So. 2d 1190 (Fla.2d DCA 1977); City of Opa Locka v. Trustees of Plumbing Industry Promotion Fund, 193 So. 2d 29 (Fla.3d DCA 1966). Accord LeCesse Brothers Contracting, Inc. v. Town of Williamson, 62 A.D.2d 28, 403 N.Y.S.2d 950 (1978); Matter of Bayonne Park, 16…

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