Pine Island Lumber, Inc. v. Festa, 575 So. 2d 204

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.

Case Details

Case Name: Pine Island Lumber, Inc. v. Festa

Court Name: Supreme Court of Florida

Date Published: Feb 28, 1991

Citations: 575 So. 2d 204; 16 Fla. L. Weekly Supp. 196; 1991 Fla. LEXIS 409; 1991 WL 25370; No. 76265

Docket Number: No. 76265

Court Abbreviation: Fla.