[DOWNLOAD] "Florida Department of Revenue v. Florida Municipal Power Agency" by Florida Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Florida Department of Revenue v. Florida Municipal Power Agency
- Author : Florida Supreme Court
- Release Date : January 28, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
The issue before this court is whether a zero dollar ($0.00) damage award always constitutes a defense "judgment" for purposes of a cost award under section 57.041, Fla. Stat. (1995). Following oral argument before a three judge panel, we sua sponte reheard the case en banc to consider the intra-district conflict between Upson v. Hazelrig, 444 So. 2d 1127 (Fla. 3d DCA 1984), Blue v. Williams, 200 So. 2d 626 (Fla. 3d DCA 1967), and Raffel v. Magarian, 165 So. 2d 249 (Fla. 3d DCA 1964), all of which concluded that costs should go to the plaintiff under similar situations; and Militana v. Ladd, 605 So. 2d 580 (Fla. 3d DCA 1992), which found that the defendant was entitled to a cost award. For the reasons outlined below, we recede from our opinions in Upson, Blue, and Raffel, and reaffirm our holding in Militana that a zero damage award constitutes a defense judgment for purposes of a cost award under section 57.041.