5D10-1252, 5D10-2536 5D10-3213 Hamel v. Reilly

State: Florida

Court: Florida Fifth District Court

Docket No: 5D10-1252,

Case Date: 04/16/2012

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2012

STEVEN C. HAMEL, Appellant/Cross-Appellee, v. Case No. 5D10-1252, 5D10-2536 & 5D10-3213

DIANE REILLY, Appellee/Cross-Appellant. and JOHN REILLY, Appellee. ________________________________/ Opinion filed April 20, 2012 Appeal from the Circuit Court for Brevard County, Tonya B. Rainwater, Judge. Mark D. Shuman, of GrayRobinson, P.A., Melbourne, for Appellant/Cross-Appellee. Allan P. Whitehead, of Frese, Hansen, Anderson, Anderson, Heuston & Whitehead, P.A., Melbourne, for Appellees/Cross-Appellant.

PER CURIAM. We affirm the summary final judgment in favor of the appellee, Diane Reiley, and the dismissal with prejudice in favor of the appellee, John Reilly, entered in this case in all respects except for the issue of costs. When summary judgment was granted to Ms.

Reiley, the order indicated that as the prevailing party, she was "entitled to recover her taxable costs" in an amount to be later determined. Later, however, the court rendered an order saying that Ms. Reilly's motion for fees and costs was denied in all respects. Both parties agree that Ms. Reilly is entitled to taxable costs as the prevailing party. See

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