Opinion
No. 79-904.
May 13, 1980.
Petition for review from the Dade County Circuit Court, Milton A. Friedman, J.
Savitt, Kotzen France and Howard J. Lubel, North Miami Beach, for appellants.
Schatzman Schatzman, Miami, Brooks, Bunin Gossett, Hollywood, for appellees.
Before HUBBART, NESBITT and PEARSON, DANIEL, JJ.
ORDER ON MOTION FOR REVIEW OF ORDER TAXING COSTS
The order under review is reversed insofar as it withholds execution on an award of appellate costs relating to a prior appeal in this cause, Yost v. Congress International Corp., 378 So.2d 1300 (Fla.3d DCA 1979), as, in our view, Fla.R.App.P. 9.400(a) clearly entitles the appellant to an immediate award of such costs without stay of execution thereon. In all other respects, the order under review is affirmed. The cause is, accordingly, remanded to the trial court with directions to vacate that portion of the order under review which withholds execution of the award of appellate costs.
Affirmed in part; reversed and remanded in part.