Legal Opinion

Vella v. Vella

District Court of Appeal of Florida

Decided April 16, 1997No. 95-2655PublishedCited by 2 opinions

1Opinion of the Court

GLICKSTEIN, Judge.

We affirm the trial court’s order and write solely to address appellee’s motion for costs because we see a large number of similar motions which seek not only attorney’s fees but also costs incurred on appeal.

Florida Rule of Appellate Procedure 9.400(a) expressly provides that the authority to tax costs in favor of the prevailing party is vested in the trial court, not this court, upon motion served within thirty days after issuance of the mandate. Thus, we deny the motion without prejudice to refile same in the trial court.

Unfortunately, there is language in Anderson v.…

2Cases cited2 opinions

  1. Anderson v. StateDistrict Court of Appeal of Florida · 1994
  2. Boyer v. BoyerDistrict Court of Appeal of Florida · 1991

3Cited by2 opinions

  1. Superior Protection, Inc. v. MartinezDistrict Court of Appeal of Florida · 2006
  2. Garcia v. CollazoDistrict Court of Appeal of Florida · 2015

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