Bernstein v. NEW BEGINNINGS TRUSTEE, LLC

On Motion to Review Order Taxing Costs

The motion to review the order denying appellate costs is granted. The court’s denial of appellate costs is reversed. Although the assessment of attorney’s fees may be deferred until the determination of a prevailing party, the assessment of costs is not likewise deferred. See Lucas v. Barnett Bank of Lee County, 732 So.2d 405 (Fla. 2d DCA 1999). As the appellants prevailed on the significant issues of the appeal, they are entitled to recover their costs on appeal.

Contrary to the appellee’s position, this court’s order denying the motion to tax costs did…