Dragstrem v. Butts
Cases that cite this one
11 later published cases cite this decision.
- Campbell v. State, Department of Legal Affairs (Fla. Dist. Ct. App. 2013)
- Granoff v. Seidle (Fla. Dist. Ct. App. 2005)
- Reinke v. Wal-Mart Stores, Inc. (Fla. Dist. Ct. App. 2000)
- The Florida Bar v. Williams (Fla. 1999)
- W.S.M. v. Department of Health & Rehabilitative Services (Fla. Dist. Ct. App. 1997)
- Henson v. James M. Barker Co., Inc. (Fla. Dist. Ct. App. 1994)
- Weitzer Oak Park Estate, Ltd. v. Petto (Fla. Dist. Ct. App. 1991)
- Oriental Imports, Inc. v. Alilin (Fla. Dist. Ct. App. 1990)
- Couch v. Drew (Fla. Dist. Ct. App. 1989)
- Horn v. Corkland Corp. (Fla. Dist. Ct. App. 1988)
- The Florida Bar v. Davis (Fla. 1982)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
John A. DRAGSTREM et Ux., Appellant,
v.
Willis N. BUTTS et Ux., Appellee.
District Court of Appeal of Florida, First District.
John A. Dragstrem, in pro. per.
William H. Maness, of Maness & Kachergus, Jacksonville, for appellee.
PER CURIAM.
The Dragstrems appeal the trial court's taxation of costs in favor of Butts. Dragstrem argues the trial court erred in taxing costs because doing so was inequitable *417 and because Butts failed to comply with the fictitious name statute. § 865.09, Fla. Stat. (1977). However, appellant did not raise this issue prior to this court's previous opinion in Butts v. Dragstrem, 349 So.2d 1205 (Fla. 1st DCA 1977), cert. denied, 361 So.2d 831 (Fla. 1978). Accordingly, the trial court did not err in disregarding this claim since it was not timely raised. See Cor-Gal Builders, Inc. v. Southard, 136 So.2d 244 (Fla.3d DCA 1962); Chaikin v. Skolnick, 201 So.2d 588 (Fla.3d DCA 1967). Finally, it appears that the prevailing party in an action at law is absolutely entitled to the taxing of costs in his favor. § 57.041, Fla. Stat. (1977). Therefore, the trial court was required to tax costs in favor of Butts, regardless of the equities involved.
McCORD, C.J., and MELVIN and LARRY G. SMITH, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.