141 So. 3d 743
Fla. Dist. Ct. App.2014Background
- Scharlins sued APHCI for construction defects; remediation extended from Aug 5, 2005 to Apr 30, 2009.
- Jury awarded $814,614.46 in damages with APHCI 23% at fault for repairs and loss of use.
- Trial court entered final judgment against APHCI for $187,361.33 after fault reduction.
- Scharlins sought taxable costs totaling $391,362.93; court awarded $350,215.79 across six categories.
- Post-trial, prejudgment interest of $76,194.68 was awarded to Scharlins.
- Appellate court reversed portions of costs and prejudgment interest due to statutory guidelines and lack of specificity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are Tinney expert costs properly taxable? | Tinney’s court-ordered report costs taxable | Only non-testifying consulting costs disallowed | Tinney costs reduced by 11,895.73; only court-ordered report costs taxable |
| Are court reporter costs correctly awarded? | Full award supported by records | Calculation error inflated award | Award reduced by 2,169.10 |
| Are mediation costs properly taxable when not against the losing party? | Mediation fees may be taxed; relevant to prevailing party | Some mediation costs relate to a separate, non-party claim | Reduce by 675; not all mediation costs taxable |
| Is prejudgment interest properly awarded where dates of loss are unclear? | Dates of loss for damages should be determined from record | Dates not identifiable; time of loss uncertain | Interest calculated from verdict date; remand for precise calculation |
Key Cases Cited
- Ocean Club Cmty. Ass’n v. Curtis, 935 So. 2d 513 (Fla. 3d DCA 2006) (abuse of discretion standard for cost awards)
- Underhill Fancy Veal, Inc. v. Padot, 677 So. 2d 1378 (Fla. 1st DCA 1996) (two prerequisites to prejudgment interest: out-of-pocket loss and fixed date)
- Perdue Farms Inc. v. Hook, 777 So. 2d 1047 (Fla. 2d DCA 2001) (liquidation of damages fixes prejudgment interest date)
- Checkers Drive-In Rests., Inc. v. Tampa Checkmate Food Servs., Inc., 805 So. 2d 941 (Fla. 2d DCA 2001) (date-of-liquidation and interest calculation guidance)
- Argonaut Ins. Co. v. May Plumbing Co., 474 So. 2d 214 (Fla. 1985) (prejudgment interest availability for liquidated damages)