PINE ISLAND LUMBER, INC., ET AL., PETITIONERS,
v.
MICHAEL FESTA, ET UX., RESPONDENTS

Fla. | 1991-02-28
No. 76265
SHAW, C.J., and OVERTON, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.
575 So. 2d 204 Florida Supreme Court (1991) Positive Treatment
Cited by 4 cases
Topics
Offer Of Judgment

Explore caselaw by topic → Browse Offer Of Judgment cases and more on FLexlaw

Opinion of the Court
McDONALD, Justice.

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.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Hart v. City OF Groveland, 919 So. 2d 665 (Fla. 5th DCA 2006)
    …der principles of subro-gation is of no moment in this suit in which Aspen is merely seeking a judgment for costs against Bayless. 564 So. 2d at 1083. The Florida Supreme Court reaffirmed its holding in Aspen, in Pine Island Lumber, Inc. v. Festa, 575 So. 2d 204 (Fla.1991). In addition, the supreme court extended the holding to include attorney’s fees. See Drew v. Couch, 565 So. 2d 1354 (Fla.1990) (framing the issue as whether a prevailing party may recover costs and when applicable, attorney’s fees when an…
  • Manor Healthcare Corp. v. Lomelo, 929 F.2d 633 (11th Cir. 1991)
    …that the city of Sunrise may recover its costs although it did not pay them. Accordingly, the judgment of the district court is affirmed. AFFIRMED. * The Florida Supreme Court reaffirmed its holding in Aspen in Pine Island Lumber, Inc. v. Festa, 575 So. 2d 204 (Fla.1991).…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw