Legal Opinion

Stone v. Stone

District Court of Appeal of Florida

Decided February 12, 2014No. 4D12-2642PublishedCited by 2 opinions

1Per curiam

Appellant, Nancy Stone, appeals the trial court’s order striking her motion for costs and denying her motion to have the motion for costs deemed timely filed. We reverse and remand because Florida Rule of Civil Procedure 1.525 did not apply to appellant’s motion for costs.1

Generally, in civil proceedings, “[a]ny party seeking a judgment taxing costs, attorneys’ fees, or both shall serve a motion no later than 30 days after filing of the judgment ... which judgment or notice concludes the action as to that party.” Fla. R. Civ. P. 1.525. However, under Florida Probate Rule 5.025(d)(2),…

2Cases cited5 opinions

  1. Fitchner v. LifeSouth Community Blood Centers, Inc.District Court of Appeal of Florida · 2012
  2. Smith v. SmithDistrict Court of Appeal of Florida · 2005
  3. Montello v. MontelloSupreme Court of Florida · 2007
  4. In re Amendments to the Florida Probate RulesSupreme Court of Florida · 2012
  5. McCloud v. StateDistrict Court of Appeal of Florida · 2007

3Cited by2 opinions

  1. Margaret M. Finnegan as of the Estate of Ellen Donlon v. Noreen Compton, as Personal Representative of the Estate of Fredrick LaChanceDistrict Court of Appeal of Florida · 2015
  2. Margaret M. Finnegan, as the of the Estate of Ellen Donlon v. Noreen Compton, as Personal Representative of the Estate of Fredrick LaChanceDistrict Court of Appeal of Florida · 2014

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