Swan v. Wisdom

3 Citing cases

  1. Stringer v. Katzell

    695 So. 2d 369 (Fla. Dist. Ct. App. 1997)   Cited 8 times

    68 in appellate costs and denied appellees' motion for rehearing and stay of execution. Because appellant was the prevailing party in the appeal, she was entitled to the award of appellate costs under rule 9.400(a).Department of Labor and Employment Sec. v. American Bldg. Maintenance, 449 So.2d 932 (Fla. 1st DCA 1984); Di Teodoro v. Lazy Dolphin Dev. Co., 432 So.2d 625 (Fla. 3d DCA 1983); Swan v. Wisdom, 392 So.2d 987 (Fla. 5th DCA 1981); The "prevailing party" under rule 9.400(a) is "the party who prevailed in the appellate proceeding that was the subject of the motion to tax costs, and not necessarily the party who ultimately prevail[s] after the completion of all of the litigation." Padovano, Florida Appellate Practice ยง 16.2 (1988).

  2. Lucas v. Barnett Bank of Lee County

    732 So. 2d 405 (Fla. Dist. Ct. App. 1999)   Cited 6 times
    Holding that prevailing appellants were entitled to an immediate award of appellate costs and reduction of award to judgment capable of execution even though the action had not yet been finally resolved in the trial court

    See Florida Power Light Co. v. Polackwich, 705 So.2d 23 (Fla. 2d DCA 1997). See also Di Teodoro v. Lazy Dolphin Development Co., 432 So.2d 625, 625 (Fla. 3d DCA 1983) (holding that prevailing party on appeal was entitled to recover appellate costs judgment and enjoy immediate execution without awaiting disposition of case on remand); Swan v. Wisdom, 392 So.2d 987, 987 (Fla. 5th DCA 1981) (reversing circuit court's refusal to make appellate costs order a judgment subject to execution prior to outcome of new trial); Yost v. Congress International Development Corp., 383 So.2d 732, 732 (Fla. 3d DCA 1980) (holding that prevailing party on appeal entitled to immediate award of appellate costs without stay of execution). Barnett Bank does not dispute the general principle, but contends that as a practical matter the Lucases did not obtain significant relief in the appeal because our decision left open the possibility that the mortgage ultimately would be reformed and foreclosed.

  3. Florida Power Light v. Polackwich

    705 So. 2d 23 (Fla. Dist. Ct. App. 1997)   Cited 8 times

    The case law, however, requires the trial court to enter an award of appellate costs prior to the new trial because the costs relate to prevailing on appeal, not to prevailing at trial. Swan v. Wisdom, 392 So.2d 987 (Fla. 5th DCA 1981); Yost v. Congress Int'l Dev. Corp., 383 So.2d 732 (Fla. 3d DCA 1980). When advised of this precedent, the trial court immediately declared that there had been no prevailing party and denied all costs.