Summary
In Joseph, this Court accepted Chanin's concession of error admitting that her post-judgment motion for costs was untimely served under Rule 1.525 and cited Saia.
Summary of this case from Mourning v. BallastOpinion
No. 4D06-588.
October 4, 2006.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Catherine M. Brunson, Judge; L.T. Case No. 502002CA010847XXRFAH.
Jay L. Kauffman and James A. Herb of Herb Kauffman, P.A., Boca Raton, for appellant.
Robert Rivas of Sachs Sax Klein, Tallahassee, for appellee Lena Chanin.
We accept appellee's concession of error and reverse the order on appeal because the post-judgment motion requesting costs was untimely served in accordance with Florida Rule of Civil Procedure 1.525. See Saia Motor Freight Line, Inc. v. Reid, 930 So.2d 598 (Fla. 2006) (holding that the requirement to serve a motion for attorney fees or costs within thirty days after filing of judgment applies even where the final judgment reserves jurisdiction to award same).
STEVENSON, C.J., STONE and GROSS, JJ., concur.