Summary
In Tanning Research Laboratories, Inc. v. Don Suntan Corp., 482 So.2d 410 (Fla. 5th DCA), rev. denied, 491 So.2d 278 (1986), this court construed an agreement between the parties and reversed a judgment in favor of Don Suntan that was based on a different construction of the agreement.
Summary of this case from Don Suntan v. Tanning Research LabOpinion
No. 85-253.
January 2, 1986. Rehearing Denied January 30, 1986.
John J. Upchurch of Leonhardt, Upchurch Parsons, P.A., Daytona Beach, for appellant.
David A. Vukelja of Coble, McKinnon, Rothert, Barkin, Vukelja, Gordon Godbee, P.A., Daytona Beach, and Cynthia S. Tunnicliff of Carlton, Fields, Ward, Emmanuel, Smith Cutler, P.A., Tallahassee, for appellee.
This is an appeal of an award of costs under section 57.041(1), Florida Statutes, to the appellee as the party recovering judgment. The judgment recovered by the appellee below was reversed by this court on appeal. See Tanning Research Laboratories, Inc. v. Don Suntan Corporation, 482 So.2d 409 (Fla. 5th DCA 1985). Therefore, the cost judgment is also reversed and this cause remanded for reconsideration of the matter of costs.
REVERSED and REMANDED.
DAUKSCH, ORFINGER and COWART, JJ., concur.