Elawyers Elawyers
Ohio| Change

Florida Department of Health v. Joseph Redner, an individual, 18-3743 (2019)

Court: District Court of Appeal of Florida Number: 18-3743 Visitors: 13
Filed: Aug. 23, 2019
Latest Update: Aug. 23, 2019
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-3743 _ FLORIDA DEPARTMENT OF HEALTH, Appellant, v. JOSEPH REDNER, an individual, Appellee. _ On appeal from the Circuit Court for Leon County. Karen Gievers, Judge. August 23, 2019 PER CURIAM. The Department of Health appeals a judgment awarding costs to Joseph Redner as a prevailing party pursuant to § 57.041, Florida Statutes. While this costs-related appeal was pending, this court reversed the underlying merits judgment with direction
More
         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                 _____________________________

                         No. 1D18-3743
                 _____________________________

FLORIDA DEPARTMENT OF
HEALTH,

    Appellant,

    v.

JOSEPH REDNER, an individual,

    Appellee.
                 _____________________________


On appeal from the Circuit Court for Leon County.
Karen Gievers, Judge.

                         August 23, 2019


PER CURIAM.

     The Department of Health appeals a judgment awarding costs
to Joseph Redner as a prevailing party pursuant to § 57.041,
Florida Statutes. While this costs-related appeal was pending, this
court reversed the underlying merits judgment with directions to
enter judgment in favor of the Department instead of Mr. Redner.
Fla. Dep’t of Health v. Redner, 
44 Fla. L. Weekly D
 873 (Fla. 1st
DCA Apr. 3, 2019). Accordingly, we now reverse the final judgment
awarding costs to Mr. Redner because he is no longer the
prevailing party. See William G. Graney, P.E. v. Caduceus Props.,
LLC, 
93 So. 3d 1243
, 1244 (Fla. 1st DCA 2012) (reversing award of
costs as a prevailing party, where the underlying final judgment
had been reversed).
    REVERSED and REMANDED.

LEWIS, OSTERHAUS, and M.K. THOMAS, JJ., concur.

                 _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Jason Gonzalez, Rachel Nordby, and Amber Stoner Nunnally of
Shutts & Bowen LLP, Tallahassee, for Appellant.

Luke Lirot of Luke Charles Lirot, P.A., Clearwater, for Appellee.




                                2

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer