F.J.W. Enterprises v. Johnson

Full title: F.J.W. ENTERPRISES, INC., etc., Appellant, v. JONATHAN L. JOHNSON, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Jan 21, 2000

749 So. 2d 573 (Fla. Dist. Ct. App. 2000)

Opinion

No. 5D99-1115.

Opinion filed January 21, 2000.

Appeal from the Circuit Court for Orange County, R. James Stroker, Judge.

George N. Meros, Jr., of Rumberger, Kirk Caldwell, Tallahassee, and Dennis R. Schutt of Schutt, Humphries Becker, Jacksonville, for F.J.W., Enterprises, Inc., Appellant.

J. Stephen McDonald of Robertson, Williams McDonald, P.A., Orlando, for Appellee.

HARRIS, J.

F.J.W. Enterprises, Inc., the defendant below, appeals a final judgment awarding costs. The judgment was based on the trial court's finding that Johnson was the prevailing party. However, in a separate, prior appeal, this Court reversed the judgment favoring Johnson. F.J.W. Enterprises, Inc. v. Johnson, 24 Fla. L. Weekly D2565 (Fla. 5th DCA Nov. 12, 1999), rehearing denied, (Dec. 22, 1999). Because Johnson is no longer the prevailing party, he is no longer entitled to costs. See Association Financial Services, Inc. v. Lewis, 551 So.2d 590, 591 (Fla. 5th DCA 1989).

REVERSED.

SHARP, W., and PETERSON, JJ., concur.