Festa v. Pine Island Lumber, Inc.
Docket: No. 89-01230
Court: District Court of Appeal of Florida; April 25, 1990; Florida; State Appellate Court
Michael and Tamara Festa filed a negligence lawsuit against Pine Island Lumber, Inc. and Jose Rodriguez following an automobile accident. The jury determined that Mr. Festa did not suffer a permanent injury, which is a requirement under Florida’s no-fault insurance statute (Fla. Stat. 627.737(2) from 1987). The trial court subsequently awarded taxable legal costs to the appellees based on Florida Statutes chapters 45 and 768 (1987). During the costs hearing, the appellees' trial counsel acknowledged that their insurer had paid the court costs and that the appellees themselves had incurred no expenses. The appellate court upheld the jury's finding of no permanent injury but reversed the trial court's award of costs to the appellees. The court cited the Aspen v. Bayless case and similar precedents in its decision. Additionally, the court certified a significant legal question to the supreme court regarding whether a nonparty can recover costs incurred on behalf of a named party under the rules related to offers of judgment. The court's decision was affirmed in part, reversed in part, and remanded for further proceedings consistent with the opinion. Judges Danahy and Threadgill concurred.