Pine Island Lumber, Inc. v. Festa
Cases that cite this one
4 later published cases cite this decision. The 3 that cite it most often are listed here.
- Autrey v. Memory (Ala. Civ. App. 2015)
- Hart v. City of Groveland (Fla. Dist. Ct. App. 2006)
- Manor Healthcare Corp. v. Lomelo (11th Cir. 1991)
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 of the Court
In Festa v. Pine Island Lumber, Inc., 561 So.2d 345, 345-46 (Fla.2d DCA 1990), the district court certified the following question as being of great public 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 recently answered this question in Aspen v. Bayless, 564 So.2d 1081, 1082 (Fla. 1990), and held “that a party is not precluded from recovering costs ... when someone other than the named party pays or advances those costs.” Therefore, we quash Festa and direct the district court to affirm the award of costs to Pine Island.
It is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.