Festa v. Pine Island Lumber, Inc.

District Court of Appeal of Florida

Festa v. Pine Island Lumber, Inc.

561 So. 2d 345, 1990 Fla. App. LEXIS 2913, 1990 WL 52316

CourtDistrict Court of Appeal of Florida

DecidedApril 25, 1990

DocketNo. 89-01230

StatusPublished

Cited by1 cases

This text of 561 So. 2d 345 (Festa v. Pine Island Lumber, 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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Festa v. Pine Island Lumber, Inc., 561 So. 2d 345, 1990 Fla. App. LEXIS 2913, 1990 WL 52316 (Fla. Ct. App. 1990).

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Opinion

RYDER, Acting Chief Judge.

Michael and Tamara- Festa brought a negligence action against Pine Island Lumber, Inc. and Jose Rodriguez for alleged injuries sustained in an automobile accident. The jury returned a verdict that Mr. Festa had not sustained a permanent injury as a result of this accident, as required under Florida’s no fault insurance statute. § 627.737(2), Fla.Stat. (1987). The trial court then awarded appellees taxable legal costs pursuant to chapters 45 and 768, Florida Statutes (1987). At the hearing on appellees’ motion to tax.costs, appellees’ trial counsel conceded that the appellees’ insurer had incurred the court costs, and that appellees had incurred no costs.

We affirm the jury’s verdict finding no permanent injury. We reverse the award of costs to appellees. See Aspen v. Bayless, 552 So.2d 298 (Fla. 2d DCA 1989) and cases cited therein. We again certify to the supreme court the following question as being one of great public importance:

CAN A NONPARTY RECOVER COSTS IT HAS INCURRED ON BEHALF OF A NAMED PARTY UNDER THE RULE AND STATUTES REGARDING OFFERS OF JUDGMENT, OR ARE COSTS RECOVERABLE UNDER THOSE PRO[346]*346VISIONS ONLY BY PARTIES WHO HAVE PAID COSTS OR INCURRED LIABILITY TO DO SO?

Affirmed in part, reversed in part and remanded for proceedings consistent with this opinion.

DANAHY and THREADGILL, JJ., concur.

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RYDER, Acting Chief Judge.

Michael and Tamara- Festa brought a negligence action against Pine Island Lumber, Inc. and Jose Rodriguez for alleged injuries sustained in an automobile accident. The jury returned a verdict that Mr. Festa had not sustained a permanent injury as a result of this accident, as required under Florida’s no fault insurance statute. § 627.737(2), Fla.Stat. (1987). The trial court then awarded appellees taxable legal costs pursuant to chapters 45 and 768, Florida Statutes (1987). At the hearing on appellees’ motion to tax.costs, appellees’ trial counsel conceded that the appellees’ insurer had incurred the court costs, and that appellees had incurred no costs.

We affirm the jury’s verdict finding no permanent injury. We reverse the award of costs to appellees. See Aspen v. Bayless, 552 So.2d 298 (Fla. 2d DCA 1989) and cases cited therein. We again certify to the supreme court the following question as being one of great public importance:

CAN A NONPARTY RECOVER COSTS IT HAS INCURRED ON BEHALF OF A NAMED PARTY UNDER THE RULE AND STATUTES REGARDING OFFERS OF JUDGMENT, OR ARE COSTS RECOVERABLE UNDER THOSE PRO[346]*346VISIONS ONLY BY PARTIES WHO HAVE PAID COSTS OR INCURRED LIABILITY TO DO SO?

Affirmed in part, reversed in part and remanded for proceedings consistent with this opinion.

DANAHY and THREADGILL, JJ., concur.

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561 So. 2d 345, 1990 Fla. App. LEXIS 2913, 1990 WL 52316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/festa-v-pine-island-lumber-inc-fladistctapp-1990.

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