Osterback v. Turner

On a motion for review pursuant to rule 9.400(c), Florida Rules of Appellate Procedure, Mark Osterback seeks review of an order denying his motion to tax appellate costs. By this motion, pursuant to rule 9.400(a), appellant sought to tax the costs incurred in an appeal of an order denying declaratory and mandamus relief. Osterback v. Turner, 837 So.2d 604 (Fla. 1st DCA 2003). The trial court denied the motion to tax appellate costs based on a finding that appellant was not the prevailing party on appeal inasmuch as this court “did not address the actual merits” of his complaint for…