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U.S. Automobile Assoc. v. Johnston

District Court of Appeal of Florida, Fourth District
Jan 9, 1978
352 So. 2d 1190 (Fla. Dist. Ct. App. 1978)

Opinion

No. 76-2301.

November 9, 1977. Rehearing Denied January 9, 1978.

Appeal from the Circuit Court, Orange County, Frederick Pfeiffer, J.

Janis M. Halker of Gurney, Gurney Handley, P.A., Orlando, for appellants.

John C. Briggs of Robertson, Williams, Duane Lewis, P.A., Orlando, for appellees — Lori Lynn Johnston and Toby Johnston.

James M. Hess and James O. Driscoll of Driscoll, Baugh, Langston, Layton Kane, Orlando, for appellees — Anthony A. Bevilacqua and State Farm Mut. Auto. Ins. Co.


Appellants were among several Defendants against whom Judgments were entered as a result of a personal injury suit. Appellees-Bevilacqua and State Farm were the other Defendants who had settled out after the jury verdict of liability but before the verdict on damages. The court assessed costs against Appellants but not against Bevilacqua and State Farm. Appellants complain that the court should have assessed costs against all Defendants equally even though the Appellee-Defendants settled before the verdict on damages.

Costs awards are generally within the sound discretion of the trial judge. del Real v. Dawson, 320 So.2d 20 (Fla. 4th DCA 1975). Appellants have not shown the trial judge abused his discretion. We have considered the remaining points on appeal and find them without merit.

AFFIRMED.

ALDERMAN, C.J., and LETTS, J., concur.


Summaries of

U.S. Automobile Assoc. v. Johnston

District Court of Appeal of Florida, Fourth District
Jan 9, 1978
352 So. 2d 1190 (Fla. Dist. Ct. App. 1978)
Case details for

U.S. Automobile Assoc. v. Johnston

Case Details

Full title:UNITED STATES AUTOMOBILE ASSOCIATION, THOMAS M. LE RETILLEY, AND THOMAS C…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 9, 1978

Citations

352 So. 2d 1190 (Fla. Dist. Ct. App. 1978)