Opinion
No. 1D20-1060
06-01-2021
SHORES OF PANAMA RESORT COMMUNITY ASSOCIATION, INC., Appellant, v. STO CORP., Appellee.
Sanjay Kurian and Thomas J. Code, Becker & Poliakoff, P.A., Fort Myers, for Appellant. David L. McGee and Marcus A. Huff, Beggs & Lane, R.L.L.P., Pensacola, for Appellee.
Sanjay Kurian and Thomas J. Code, Becker & Poliakoff, P.A., Fort Myers, for Appellant.
David L. McGee and Marcus A. Huff, Beggs & Lane, R.L.L.P., Pensacola, for Appellee.
Per Curiam.
Appellant voluntarily dismissed its complaint against Appellee almost two years after naming Appellee as a defendant in the underlying construction lawsuit. Appellant now challenges the trial court's award of taxable costs to Appellee under Florida Rule of Civil Procedure 1.420(d).
We reverse in part the order awarding costs because, as Appellee concedes, the trial court awarded $35,640.50 of costs in error. Thus, we remand for a corrected order reducing the award by that amount. We affirm the award in all other respects because, on the record before us, the trial court did not abuse its discretion in awarding taxable costs to Appellee. See Fla. R. Civ. P. 1.420(d) ; Coastal Petroleum Co. v. Mobil Oil Corp. , 583 So. 2d 1022, 1025–26 (Fla. 1991) (recognizing that when a voluntary dismissal occurs after an opposing party has incurred trial preparation expenses, the trial may, in its discretion, award costs against the dismissing party under Rule 1.420(d) ).
REVERSED in part, AFFIRMED in part, and REMANDED .
Jay, M.K. Thomas, and Nordby, JJ., concur.