Pine Island Lumber, Inc. v. Festa

Supreme Court of Florida

Pine Island Lumber, Inc. v. Festa

575 So. 2d 204, 16 Fla. L. Weekly Supp. 196, 1991 Fla. LEXIS 409, 1991 WL 25370

CourtSupreme Court of Florida

DecidedFebruary 28, 1991

DocketNo. 76265

StatusPublished

Cited by4 cases

This text of 575 So. 2d 204 (Pine Island Lumber, Inc. v. Festa) is published on Counsel Stack Legal Research, covering Supreme Court 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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Pine Island Lumber, Inc. v. Festa, 575 So. 2d 204, 16 Fla. L. Weekly Supp. 196, 1991 Fla. LEXIS 409, 1991 WL 25370 (Fla. 1991).

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Opinion

McDONALD, Justice.

In Festa v. Pine Island Lumber, Inc., 561 So.2d 345, 345-46 (Fla.2d DCA 1990), the district court certified the following question as being 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 PROVISIONS ONLY BY PARTIES WHO HAVE PAID COSTS OR INCURRED LIABILITY TO DO SO?

We recently answered this question in Aspen v. Bayless, 564 So.2d 1081, 1082 (Fla.1990), and held “that a party is not precluded from recovering costs ... when someone other than the named party pays or advances those costs.” Therefore, we quash Festa and direct the district court to affirm the award of costs to Pine Island.

It is so ordered.

SHAW, C.J., and OVERTON, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.

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