MARY CUEVAS, APPELLANT,
v.
POTAMKIN DODGE, INC., A FLORIDA CORPORATION, APPELLEE

Fla. 3d DCA | 1986-01-28
No. 85-1443
Before SCHWARTZ, C.J., and BARK-DULL and JORGENSON, JJ.
483 So. 2d 55 Florida District Court of Appeal, Third District (1986) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

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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  • McBRO v. Fischbach & Moore, Inc., 576 So. 2d 1360 (Fla. 3d DCA 1991)
    …PER CURIAM. Affirmed. Schnurmacher Holding, Inc. v. Noriega, 542 So. 2d 1327 (Fla.1989); Cuevas v. Potamkin Dodge, Inc., 483 So. 2d 55 (Fla. 3d DCA 1986); Loxahatchee River Environmental Control Dist. v. Guy Villa & Sons, Inc., 371 So. 2d 111 (Fla. 4th DCA 1978), cert. denied, 378 So. 2d 346 (Fla.1979); § 682.13(l)(c), Fla.Stat. (1987); compare Cuevas v. Potamkin Dodge, Inc., 455 S…

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