Summary
reversing circuit court's refusal to make appellate costs order a judgment subject to execution prior to outcome of new trial
Summary of this case from Lucas v. Barnett Bank of Lee CountyOpinion
No. 79-1336/T4-604.
January 21, 1981.
Appeal from the Circuit Court, Brevard County, Virgil B. Conkling, J.
Ronald L. Harrop of Gurney, Gurney Handley, P.A., Orlando, for appellant/cross-appellee.
Maurice Wagner of Wagner Bertone, Holly Hill, for appellee/cross-appellant.
On a prior appeal, this court granted Swan a new trial. Since he was the prevailing party in that appeal, Swan moved for appellate costs in the trial court. The trial court entered an order finding that Swan was entitled to certain appellate costs, but refused to make the order a cost judgment subject to execution prior to the outcome of the new trial. Swan seeks review of that order.
The trial court erred in not making the order a cost judgment subject to execution. Fla.R.App.P. 9.400(a); Yost v. Congress International Corp., 383 So.2d 732 (Fla. 3d DCA 1980). That portion of the order inconsistent with this opinion is reversed, and the trial court is directed to add language of finality to the order.
REVERSED in part, with directions.
UPCHURCH, J., and SCHWARTZ, ALAN R., Associate Judge, concur.