Narrative Opinion Summary
The trial court's award of costs to the plaintiffs is affirmed, as acknowledged by the Department of Revenue during oral arguments, citing Florida Statutes § 57.041 (1989) and the precedent set in Simpson v. Merrill, 234 So.2d 350 (Fla. 1970). The court also affirms the trial court's denial of the plaintiffs' motion for attorney’s fees under Florida Statutes § 57.105 (1989), agreeing with the trial court's finding of a justiciable issue. However, the court reverses the trial court's award of prejudgment interest to the plaintiffs, noting a lack of statutory authority for such an award, referencing Florida Statutes § 215.26 (1989) and case law including Flack v. Graham, 461 So.2d 82 (Fla. 1984), Della-Donna v. Department of Revenue, 485 So.2d 859 (Fla. 1st DCA 1986), and Department of Revenue v. Goembel, 382 So.2d 783 (Fla. 5th DCA 1980). The ruling is affirmed in part and reversed in part.
Legal Issues Addressed
Award of Costs under Florida Statutes § 57.041subscribe to see similar legal issues
Application: The trial court's award of costs to the plaintiffs is upheld based on statutory authority and existing case law.
Reasoning: The trial court's award of costs to the plaintiffs is affirmed, as acknowledged by the Department of Revenue during oral arguments, citing Florida Statutes § 57.041 (1989) and the precedent set in Simpson v. Merrill, 234 So.2d 350 (Fla. 1970).
Denial of Attorney’s Fees under Florida Statutes § 57.105subscribe to see similar legal issues
Application: The court agrees with the trial court's denial of attorney's fees, finding that a justiciable issue was present.
Reasoning: The court also affirms the trial court's denial of the plaintiffs' motion for attorney’s fees under Florida Statutes § 57.105 (1989), agreeing with the trial court's finding of a justiciable issue.
Prejudgment Interest and Statutory Authoritysubscribe to see similar legal issues
Application: The court reverses the award of prejudgment interest to the plaintiffs, citing a lack of statutory authority for such an award.
Reasoning: However, the court reverses the trial court's award of prejudgment interest to the plaintiffs, noting a lack of statutory authority for such an award, referencing Florida Statutes § 215.26 (1989) and case law including Flack v. Graham, 461 So.2d 82 (Fla. 1984), Della-Donna v. Department of Revenue, 485 So.2d 859 (Fla. 1st DCA 1986), and Department of Revenue v. Goembel, 382 So.2d 783 (Fla. 5th DCA 1980).