Pine Island Lumber, Inc. v. Festa

PINE ISLAND LUMBER, INC. v. Michael FESTA, et ux.

Pine Island Lumber, Inc. v. Festa, 575 So. 2d 204 (Fla. 1991)

Court: Supreme Court of Florida · State Highest Courts
Decided: February 28, 1991
Docket: No. 76265
Judges: Barkett, Grimes, Harding, Kogan, McDonald, Overton, Shaw
Citations: 575 So. 2d 20416 Fla. L. Weekly Supp. 1961991 Fla. LEXIS 4091991 WL 25370

Cited by 4

Opinion of the Court — McDonald

Text extracted by OCR from a scanned original; check the original for exact wording.

McDONALD, Justice.

In Festa v. Pine Island Lumber, Inc., 561 So.2d 345, 345-46 (Fla.2d DCA 1990), the district court certified the following question as being of great public importance:

CAN A NONPARTY RECOVER COSTS IT HAS INCURRED ON BEHALF OF A NAMED PARTY UNDER THE RULE AND STATUTES REGARDING OFFERS OF JUDGMENT, OR ARE COSTS RECOVERABLE UNDER THOSE PROVISIONS ONLY BY PARTIES WHO HAVE PAID COSTS OR INCURRED LIABILITY TO DO SO?

We recently answered this question in Aspen v. Bayless, 564 So.2d 1081, 1082 (Fla.1990), and held “that a party is not precluded from recovering costs ... when someone other than the named party pays or advances those costs.” Therefore, we quash Festa and direct the district court to affirm the award of costs to Pine Island.

It is so ordered.

SHAW, C.J., and OVERTON, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 4 cases

View all citing references →

Relies on it most ⓘ

Manor Healthcare Corp. v. Lomelo929 F.2d 633 (11th Cir. 1991)
Hart v. City of Groveland919 So. 2d 665 (Fla. Dist. Ct. App. 2006)
Manor Healthcare Corp. v. John Lomelo, Jr., City of Sunrise, Manor Healthcare Corp., a Delaware Corporation v. John Lomelo, Jr., John Montgomery, City of Sunrise929 F.2d 633 (11th Cir. 1991)
Autrey v. Memory168 So. 3d 1260 (Ala. Civ. App. 2015)

Most recent

Autrey v. Memory168 So. 3d 1260 (Ala. Civ. App. 2015)
Hart v. City of Groveland919 So. 2d 665 (Fla. Dist. Ct. App. 2006)
Manor Healthcare Corp. v. John Lomelo, Jr., City of Sunrise, Manor Healthcare Corp., a Delaware Corporation v. John Lomelo, Jr., John Montgomery, City of Sunrise929 F.2d 633 (11th Cir. 1991)
Manor Healthcare Corp. v. Lomelo929 F.2d 633 (11th Cir. 1991)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

Depth	Case	Cited by
	Festa v. Pine Island Lumber, Inc., 561 So. 2d 345 (Fla. Dist. Ct. App. 1990)	1
	Aspen v. Bayless, 564 So. 2d 1081 (Fla. 1990)	56

`/`	Focus the search box
`j` `k`	Next / previous result
`Enter`	Open the selected result
`x`	Add / remove the selected result from the download list
`n` `p`	Next / previous search term in a case
`c`	Copy the citation of the current case
`+` `−`	Larger / smaller reading text
`?`	Show this list