Opinion
No. 94-1230.
April 12, 1995. Order Modifying Decision on Limited Grant of Rehearing May 4, 1995.
Appeal from the Circuit Court for Palm Beach County; Edward Fine, Judge.
F. Kendall Slinkman of Slinkman Thillman, P.A., and Randy D. Ellison, West Palm Beach, for appellant, cross-appellee.
Thomas A. Berger of Flanagan Maniotis, P.A., West Palm Beach, for appellee, cross-appellant.
We affirm on authority of Race v. Nationwide Mutual Fire Ins. Co., 542 So.2d 347 (Fla. 1989), and Florida Farm Bureau v. Shaffer, 391 So.2d 216 (Fla. 4th DCA 1980).
GUNTHER, POLEN and FARMER, JJ., concur.
ORDER ON REHEARING
ORDERED that appellee/cross-appellant's motion filed April 18, 1995, for clarification and rehearing is hereby granted as to appellee's cross-appeal, only to the extent that we reverse the trial court's denial of appellee's taxable costs. We remand for the trial court to assess such costs.