Cuevas v. Potamkin Dodge, Inc.

District Court of Appeal of Florida

Cuevas v. Potamkin Dodge, Inc.

483 So. 2d 55, 11 Fla. L. Weekly 289, 1986 Fla. App. LEXIS 6020

CourtDistrict Court of Appeal of Florida

DecidedJanuary 28, 1986

DocketNo. 85-1443

StatusPublished

Cited by1 cases

This text of 483 So. 2d 55 (Cuevas v. Potamkin Dodge, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cuevas v. Potamkin Dodge, Inc., 483 So. 2d 55, 11 Fla. L. Weekly 289, 1986 Fla. App. LEXIS 6020 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

Subsequent to this court’s opinion found in Cuevas v. Potamkin Dodge, Inc., 455 So.2d 398 (Fla. 3d DCA 1984), the matter recurred in the trial court when the appellant moved for costs in accordance with the original arbitration award. The trial court, without apparent justification, awarded costs in an amount substantially less than those reasonably and necessarily incurred by the appellant, she having prevailed. She is entitled to recover such costs. State Farm Mutual Automobile Insurance Co. v. Ruthin, 199 So.2d 705 (Fla.1967). Therefore the order under review is reversed and the matter remanded to the trial court to reconsider the cost application and to make an award consistent with the supreme court’s opinion in State Farm Mutual Automobile Insurance Co. v. Rutkin, supra.

Reversed and remanded with directions.

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PER CURIAM.

Subsequent to this court’s opinion found in Cuevas v. Potamkin Dodge, Inc., 455 So.2d 398 (Fla. 3d DCA 1984), the matter recurred in the trial court when the appellant moved for costs in accordance with the original arbitration award. The trial court, without apparent justification, awarded costs in an amount substantially less than those reasonably and necessarily incurred by the appellant, she having prevailed. She is entitled to recover such costs. State Farm Mutual Automobile Insurance Co. v. Ruthin, 199 So.2d 705 (Fla.1967). Therefore the order under review is reversed and the matter remanded to the trial court to reconsider the cost application and to make an award consistent with the supreme court’s opinion in State Farm Mutual Automobile Insurance Co. v. Rutkin, supra.

Reversed and remanded with directions.

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483 So. 2d 55, 11 Fla. L. Weekly 289, 1986 Fla. App. LEXIS 6020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cuevas-v-potamkin-dodge-inc-fladistctapp-1986.

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