B.J. MILITANA AND MARIE MILITANA, APPELLANTS,
v.
PHILIP LADD AND SHIRLEY LADD, APPELLEES
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In this negligence action arising from an automobile accident, the trial court awarded costs to the defendants despite their attorney admitting liability at the outset, because the jury found the plaintiff failed to prove permanent injury and judgment was entered in the defendants' favor. The appellate court affirmed, holding that the defendants were the parties recovering judgment and thus entitled to recover taxable costs.
The defendants were entitled to a judgment for their taxable costs because they were the parties recovering judgment under the final judgment, notwithstanding the admission of liability. The admission of liability does not change the fact that the defendants prevailed on the damages issue, making them the prevailing parties entitled to costs under Florida Statutes section 57.041(1).
[1] A party who recovers judgment is entitled to a judgment for their taxable costs.
[2] A defendant is entitled to recover taxable costs when the plaintiff takes nothing by their action, even if liability was admitted and the case proceeded to a jury on dama…
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Establishes the rule that prevailing parties in a negligence action are those in whose favor the final judgment is rendered, regardless of liability admissions.
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Join FLexlaw to unlock all legal intelligenceB.J. Militana and Marie Militana brought a negligence action against Philip Ladd and Shirley Ladd for injuries allegedly sustained in an automobile ac…
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PER CURIAM.
The plaintiffs, B.J. Militana and Marie Militana, appeal from a final cost judgment entered in favor of the defendants’ liability insurance carrier. We affirm.
The plaintiffs brought a negligence action against the defendants, Philip Ladd and Shirley Ladd, alleging that B.J. Milita-na sustained serious and permanent injuries as a result of an automobile accident. During opening statement, the defendants’ attorney admitted liability. As a result, the issue of liability was not submitted to the jury. The jury returned a verdict finding that B.J. Militana had not sustained a permanent injury within a reasonable degree of medical probability as a result of the accident. The final judgment stated, in part, that “the Plaintiffs, B.J. Militana and Marie Militana take nothing by this action and the Defendant [sic], Philip Ladd and Shirley Ladd go hence without a day.”
The plaintiffs and defendants filed motions to tax costs. The trial court granted the defendants’ motion, but denied the plaintiffs’ motion. The plaintiffs appeal.
The plaintiffs contend that the trial court erred in granting the defendants’ motion to tax costs where they were the parties recovering judgment since the defendants admitted liability. We disagree.
In Weeks v. Klimas, 566 So. 2d 344 (Fla. 2d DCA 1990), the final judgment provided that the plaintiff would recover nothing as a result of the plaintiff failing to establish that he had sustained a permanent injury within a reasonable degree of medical probability. The Weeks court held that under the final judgment the defendants “were entitled to a judgment for their taxable costs pursuant to section 57.041(1), Florida Statutes (1987), because they were the parties recovering judgment.” Weeks, 566 So. 2d at 345.
As in Weeks, the plaintiffs failed to establish that plaintiff B.J. Militana sustained a permanent injury within a reasonable degree of medical probability. Furthermore, the final judgment stated, in part, that “the plaintiffs ... take nothing by this action and the Defendants ... go hence without a day.” Accordingly, as in Weeks, the defendants in the instant case are “entitled to a judgment for their taxable costs” since “they were the parties recovering judgment.” Weeks, 566 So. 2d at 345. See also Chivers v. Smith, 556 So. 2d 798 (Fla. 4th DCA 1990); Upson v. Hazelrig, 444 So. 2d 1127 (Fla. 3d DCA 1984); § 57.041, Fla. Stat. (1989).
Accordingly, the final cost judgment entered in favor of the defendants’ liability insurance carrier is affirmed.
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Tacher v. Mathews, 845 So. 2d 332 (Fla. 3d DCA 2003)…2d 1127 (Fla. 3d DCA 1984), Blue v. Williams, 200 So. 2d 626 (Fla. 3d DCA 1967), and Raffel v. Magarian, 165 So. 2d 249 (Fla. 3d DCA 1964), all of which concluded that costs should go to the plaintiff under similar situations; and Militana v. Ladd, 605 So. 2d 580 (Fla. 3d DCA 1992), which found that the defendant was entitled to a cost award. For the reasons outlined below, we recede from our opinions in Upson, Blue, and Raffel, and reaffirm our holding in Militana that a zero damage award constitutes a defe…1 / 2
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Schneider v. DiPAOLA, 715 So. 2d 284 (Fla. 2d DCA 1998)…his or her legal costs and charges, which shall be included in the judgment[.]” Since the appellee received nothing, the appellants were the parties recovering judgment. See also Weeks v. Klimas, 566 So. 2d 344 (Fla. 2d DCA 1990); Militana v. Ladd, 605 So. 2d 580 (Fla. 3d DCA 1992). The trial court erred in awarding costs to the appellee because it was the appellants who were the prevailing parties. Accordingly, the costs award to the appellee is reversed. Reversed and remanded. PATTERSON, A.C.J., and BL…
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Rivero v. Sedeno, 614 So. 2d 44 (Fla. 3d DCA 1993)…PER CURIAM. We reverse the amended final judgment on the authority of Militana v. Ladd, 605 So. 2d 580 (Fla. 3d DCA 1992), and remand for entry of a cost judgment in defendants’ favor. Reversed and remanded.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Josie Mae Upson v. Hazelrig, 444 So. 2d 1127 (Fla. 3d DCA 1984)
- Weeks v. Klimas, 566 So. 2d 344 (Fla. 2d DCA 1990)
- Chivers v. Noelle Smith, 556 So. 2d 798 (Fla. 4th DCA 1990)