Florida District Courts of Appeal, 1991

Nolan's Towing & Recovery v. Marino Trucking Inc.

Nolan's Towing & Recovery v. Marino Trucking Inc.
Florida District Courts of Appeal · Decided December 24, 1991 · Ferguson, Jorgenson, Levy
591 So. 2d 1025; 1991 Fla. App. LEXIS 13445; 1991 WL 272753 (Southern Reporter, Second Series)

Nolan's Towing & Recovery v. Marino Trucking Inc.

Opinion of the Court

PER CURIAM.

Nolan’s Towing and Recovery appeals from a final judgment awarding costs and attorney’s fees and transferring its counterclaim to county court. We affirm the order awarding attorney’s fees pursuant to section 713.585(5)(d), Florida Statutes (1989). We also affirm the order transferring the counterclaim to county court. However, although costs were properly awarded to the appellee, we find that the amount of costs awarded was excessive and, therefore, reverse and remand for a recalculation of the award.

Affirmed in part; reversed in part; remanded.

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