Opinion

Van Deventer v. Brown

  • 561 So. 2d 469
  • 1990 Fla. App. LEXIS 3778
  • 1990 WL 68729
Court
District Court of Appeal of Florida
Filed
May 23, 1990
Status
Published
On the bench
Altenbernd, Frank, Parker
Cited by
1 cases
Authority
More cited than 54.6%

The opinion

PER CURIAM.

After reviewing appellants’ initial brief in which appellants concede that our decision in Aspen v. Bayless, 552 So.2d 298 (Fla. 2d DCA 1989), is controlling, and pursuant to Florida Rule of Appellate Procedure 9.315(a), we affirm the trial court’s order which denied appellants’ motion to tax costs and attorney’s fees. As in Aspen , we certify to the supreme court the following question of great importance:

CAN A NONPARTY RECOVER COSTS IT HAS INCURRED ON BEHALF OF A NAMED PARTY UNDER THE RULE AND STATUTES REGARDING OFFERS OF JUDGMENT, OR ARE COSTS RECOVERABLE UNDER THOSE PROVISIONS ONLY BY PARTIES WHO HAVE PAID COSTS OR INCURRED LIABILITY TO DO SO?

We further note that the Fifth District Court of Appeal has certified conflict to the supreme court on this issue in Hough v. Huffman, 555 So.2d 942 (Fla. 5th DCA 1990).

Affirmed.

FRANK, A.C.J., and PARKER and ALTENBERND, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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