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Weeks v. Klimas

District Court of Appeal of Florida, Second District
Aug 31, 1990
566 So. 2d 344 (Fla. Dist. Ct. App. 1990)

Summary

In Weeks v. Klimas, 566 So.2d 344 (Fla. 2d DCA 1990), the final judgment provided that the plaintiff would recover nothing as a result of the plaintiff failing to establish that he had sustained a permanent injury within a reasonable degree of medical probability.

Summary of this case from Militana v. Ladd

Opinion

No. 89-03138.

August 31, 1990.

Appeal from the Circuit Court for Hillsborough County, Guy W. Spicola, J.

Daniel P. Mitchell of Mitchell and Carter, P.A., Tampa, for appellants.

Roland A. Rosello of Ferlita, Nutter Rosello, P.A., Tampa, for appellees.


This appeal concerns a dispute as to which party should pay the costs incurred in a personal injury action growing out of an automobile accident. The final judgment provided that appellees, Richard Klimas and Shari Klimas, plaintiffs below, would recover nothing as a result of the failure of appellee Richard Klimas to establish that he had sustained a permanent injury within a reasonable degree of medical probability. That judgment was per curiam affirmed by this court in a separate appeal. The final judgment provided in toto as follows:

Pursuant to the Verdict the jury rendered September 14, 1988, it is

ORDERED and ADJUDGED that the Plaintiffs, Richard Klimas and SHARI KLIMAS, his wife, recover zero from the Defendants, JOHN R. WEEKS and STEVEN WEEKS. It is further

ORDERED and ADJUDGED that this Court shall retain jurisdiction to determine taxable costs.

DONE and ORDERED in Chambers at Tampa, Hillsborough County, Florida.

We conclude that under the terms of that judgment, appellants were entitled to a judgment for their taxable costs pursuant to section 57.041(1), Florida Statutes (1987), because they were the parties recovering judgment.

The trial court in the order on appeal denied appellants their costs on the authority of this court's decision in Aspen v. Bayless, 552 So.2d 298 (Fla. 2d DCA 1989). Our supreme court has since reversed that decision in Aspen v. Bayless, 564 So.2d 1081 (Fla. 1990).

We, therefore, reverse the costs judgment which is the subject of this appeal and direct an entry of judgment for appellants for this taxable cost.

Reversed and remanded with directions.

FRANK and PATTERSON, JJ., concur.


Summaries of

Weeks v. Klimas

District Court of Appeal of Florida, Second District
Aug 31, 1990
566 So. 2d 344 (Fla. Dist. Ct. App. 1990)

In Weeks v. Klimas, 566 So.2d 344 (Fla. 2d DCA 1990), the final judgment provided that the plaintiff would recover nothing as a result of the plaintiff failing to establish that he had sustained a permanent injury within a reasonable degree of medical probability.

Summary of this case from Militana v. Ladd
Case details for

Weeks v. Klimas

Case Details

Full title:JOHN R. WEEKS AND STEVEN WEEKS, APPELLANTS, v. RICHARD KLIMAS AND SHARI…

Court:District Court of Appeal of Florida, Second District

Date published: Aug 31, 1990

Citations

566 So. 2d 344 (Fla. Dist. Ct. App. 1990)

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