02-2774 COASTLINE V. LEVINSON

State: Florida

Court: Florida Third District Court

Docket No: 02-2774 COASTLINE V. LEVINSON

Case Date: 12/17/2003

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2003

COASTLINE OF INDIAN CREEK INC., etc., Appellant/ Cross-Appellee, vs. STEVEN ZVI LEVINSON, etc., et al., Appellees/ Cross-Appellants.

** ** ** ** ** ** ** CASE NO. 3D02-2774 LOWER TRIBUNAL NO. 98-1140

Opinion filed December 17, 2003. An Appeal from the Circuit Court for Dade County, Fredricka Smith, Judge. Zorilla & Robin and Juan C. Zorrilla, for appellant/crossappellee. Stabinski & Funt and Todd Stabinski; Lawrence & Daniels and Adam H. Lawrence, for appellees/cross-appellants. Before SCHWARTZ, C.J., and LEVY and SHEVIN, JJ. PER CURIAM. Without reaching any of the other issues presented, we

conclude, on the appeal, that attorney's fees were properly denied but, on the cross-appeal, that costs were improperly granted

because the application under Florida Rule of Civil Procedure 1.442 was untimely served more than the thirty days after the judgment provided by Florida Rule of Civil Procedure 1.525. See Gulf

Landings Ass'n, Inc. v. Hershberger, 845 So. 2d 344 (Fla. 2d DCA 2003); Wentworth v. Johnson, 845 So. 2d 296 (Fla. 5th DCA 2003). Affirmed in part, reversed in part.

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