RONALD E. DAHLY, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES, ERIC OLSEN, RICHARD COFFEY, JULIA HERMELBRACHT, SUE GRAY, AND HARRIETT POWELL, APPELLEES
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Ronald Dahly appealed a summary judgment entered against him by the trial court. The appellate court reversed the summary judgment, and Dahly then sought to recover appellate costs. The trial court denied his motion, but the appellate court reversed that denial, holding that a party who prevails on appeal is entitled to recover appellate costs regardless of the ultimate outcome in the trial court.
A party who prevails on appeal is entitled to recover appellate costs under Florida Rule of Appellate Procedure 9.400(a) without regard to whether that party ultimately prevails in the trial court. Because Dahly prevailed in the appeal by obtaining a reversal of the summary judgment, he is entitled to recover his appellate costs at the time of the appeal.
[1] A party who prevails on appeal is entitled to recover appellate costs in the trial court, even if the proceedings in the trial court are not yet concluded.
[2] The prevailing party on appeal is entitled to file a motion in the trial court for an award of costs within thirty days of remand, unless otherwise directed by the appell…
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Join FLexlaw to unlock all legal intelligence“The party who prevails in the appeal is entitled to obtain this award prior to the conclusion of proceedings in the trial court and without regard to whether they ultimately prevail in the trial court proceeding.”
Establishes the core holding that appellate cost awards are available to the prevailing party on appeal regardless of ultimate trial court outcome.
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Join FLexlaw to unlock all legal intelligenceOn September 27, 2002, the appellate court reversed a summary judgment that had been entered against Dahly and in favor of the Department of Children …
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ALTENBERND, Chief Judge.
Pursuant to Florida Rule of Appellate Procedure 9.400(c), we review the trial court’s order denying Ronald E. Dahly’s motion to recover appellate costs. We reverse the order and direct the trial court to enter the judgment.
On September 27, 2002, this court reversed a summary judgment that had been entered against Mr. Dahly and in favor of the appellees. See Dahly v. Dep’t of Children & Family Servs., 826 So. 2d 532 (Fla. 2d DCA 2002). In our opinion, we directed the trial court to enter a new order on the motion for summary judgment specifying the grounds for its ruling on each count. We did not relinquish jurisdiction for this purpose, but reversed the order on appeal because it was not clear to this court that the trial court could actually enter an appropriate summary judgment on each count if it was required to explain its reasons. Mr. Dahly may not ultimately prevail in the trial court, but he did prevail on the significant issue in the case on appeal.
Under Florida Rule of Appellate Procedure 9.400(a), unless otherwise directed by this court, the prevailing party is entitled to file a motion in the trial court within thirty days of remand to obtain an award of costs. Di Teodoro v. Lazy Dolphin Dev. Co., 432 So. 2d 625 (Fla. 3d DCA 1983). The party who prevails in the appeal is entitled to obtain this award prior to the conclusion of proceedings in the trial court and without regard to whether they ultimately prevail in the trial court proceeding.
In this case, the appellees convinced the trial court that Mr. Dahly was not entitled to an award of costs because he had not yet prevailed in the trial court. We appreciate the fact that the limited nature of our own holding may have caused the trial court to believe it had the discretion to delay the award of costs. However, because Mr. Dahly prevailed in this court, he is entitled to recover his costs at this time. See Di Teodoro, 432 So. 2d at 626; Lucas v. Barnett Bank of Lee County, 732 So. 2d 405, 407 (Fla. 2d DCA 1999).
Reversed with directions to grant Mr. Dahly a judgment for appellate costs.
NORTHCUTT and SILBERMAN, JJ., concur.
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Dahly v. Dep't OF Child. & Fam. Servs., 876 So. 2d 1245 (Fla. 2d DCA 2004)…n, and twelve. We recognize as nonfinal the summary judgment entered in favor of Coffey and Olsen on count seven and do not review it at this time. Affirmed. FULMER and CASANUEVA, JJ„ concur. . See also Dahly v. Dep't of Children & Family Servs., 845 So. 2d 350 (Fla. 2d DCA 2003) (ruling on Dahly's motion for review of an appellate costs order). . In addition to count six against Coffey and Olsen, it appears from the record that counts two and three against former Wheelhouse employee Oscar Sansoni remaine…
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Centennial Mortg., Inc. v. SG/SC, Ltd., 864 So. 2d 1258 (Fla. 1st DCA 2004)…Similarly, the Second District has recently held that the prevailing party in an earlier appeal is entitled to a cost award “without regard to whether they ultimately prevail in the trial court proceeding.” Dahly v. Dep’t of Children & Family Serv., 845 So. 2d 350, 351 (Fla. 2d DCA 2003). Although none of the cases we have reviewed above specifically addresses the question raised in this appeal, we conclude that by unconditionally requiring an immediate award of appellate costs, these cases, in essence, resol…
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Daniels v. Sorriso Dental Studio, LLC, 178 So. 3d 111 (Fla. 2d DCA 2015)…3] to tax appellate costs is timely filed in the lower tribunal, appellate costs must be taxed in favor of the party who prevailed in the appeal unless the appellate court has ordered otherwise. See, e.g., Dahly v. Dep’t of Children & Family Servs., 845 So. 2d 350, 351 (Fla. 2d DCA 2003); Giddens v. Tlsty, 98 So. 3d 257 (Fla. 1st DCA 2012); Am. Med. Int’l, 484 So. 2d at 594. The “lower tribunal” does not have the discretion to refuse to award appellate costs when the appellate court has not so ordered, althou…
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
- DI Teodoro v. Lazy Dolphin Dev. Co., 432 So. 2d 625 (Fla. 3d DCA 1983)
- Chandler M. Lucas and Shirley K. Lucas v. Barnett Bank OF LEE Cnty., 732 So. 2d 405 (Fla. 2d DCA 1999)
- Dahly v. Dep't OF Child. & Fam. Servs., 826 So. 2d 532 (Fla. 2d DCA 2002)