COASTLINE OF INDIAN CREEK INC., ETC., APPELLANT,
v.
STEVEN ZVI LEVINSON, ETC., ET AL., APPELLEES
COASTLINE OF INDIAN CREEK INC., ETC., APPELLANT,
STEVEN ZVI LEVINSON, ETC., ET AL., APPELLEES
867 So. 2d 418
Florida District Court of Appeal, Third District (2003)
Caution
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Without reaching any of the other issues presented, we conclude, on the appeal, that attorney’s fees were properly denied but, on the cross-appeal, that costs were improperly granted because the application under Florida Rule of Civil Procedure 1.442 was untimely served more than the thirty days after the judgment provided by Florida Rule of Civil Procedure 1.525. See Gulf Landings Ass’n, Inc. v. Hershberger, 845 So. 2d 344 (Fla. 2d DCA 2003); Wentworth v. Johnson, 845 So. 2d 296 (Fla. 5th DCA 2003).
Affirmed in part, reversed in part.
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Saia Motor Freight Line, Inc. v. Reid, 888 So. 2d 102 (Fla. 3d DCA 2004)…vor bringing an independent action,’ which could occur under the prior act.” Catapane, 759 So. 2d at 11 (quoting Ding v. Jones, 667 So. 2d 894, 897 (Fla. 2d DCA 1996)). . We recognize that our opinion in Coastline of Indian Creek, Inc. v. Levinson, 867 So. 2d 418 (Fla. 3d DCA 2003), review denied, 879 So. 2d 620 (Fla.2004), cites to Gulf Landings Ass’n, Inc., and Wentworth, and that E & A Produce Corp. v. Superior Garlic Int'l, Inc., 864 So. 2d 449 (Fla. 3d DCA 2003), cites to Wentworth. However, the Levinso…
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Burgess Transp., Inc. v. Arostegui, 882 So. 2d 411 (Fla. 3d DCA 2004)…tiary issues, we conclude that they were entirely harmless. See Mercury Cas. Co. v. Flores, 870 So. 2d 127 (Fla. 3d DCA 2003). The trial court’s rulings regarding the accident report privilege were correct. See Alexander v. Penske Logistics, Inc., 867 So. 2d 418 (Fla. 3d DCA 2003). There was no fundamental error relating to the unobjected-to portions of the plaintiffs closing argument, see Murphy v. Int’l Robotic Sys., Inc., 766 So. 2d 1010 (Fla.2000), and the rulings on the objected-to portions of closing…
Authorities Cited
- Wentworth v. Johnson, 845 So. 2d 296 (Fla. 5th DCA 2003)
- Gulf Landings Ass'n, Inc. v. Hershberger, 845 So. 2d 344 (Fla. 2d DCA 2003)