Florida District Courts of Appeal, 2000

F.J.W. Enterprises, Inc. v. Johnson

Florida District Courts of Appeal · Decided January 21, 2000 · Harris, Peterson, Sharp

749 So. 2d 573; 2000 Fla. App. LEXIS 428; 2000 WL 45888 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Black Diamond Properties, Inc. v. Haines (Fla. Dist. Ct. App. 2012)

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Opinion of the Court

HARRIS, J.

F.J.W. Enterprises, Inc., the defendant below, appeals a final judgment awarding costs. The judgment was based on the trial court’s finding that Johnson was the prevailing party. However, in a separate, prior appeal, this Court reversed the judgment favoring Johnson. F.J.W. Enterprises, Inc. v. Johnson, 746 So.2d 1145 (Fla. 5th DCA 1999), rehearing denied, (Dec. 22, 1999). Because Johnson is no longer the prevailing party, he is no longer entitled to costs. See Association Financial Services, Inc. v. Lewis, 551 So.2d 590, 591 (Fla. 5th DCA 1989).

REVERSED.

W. SHARP, and PETERSON, JJ., concur.

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