HRGS v. Goodwin

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED HRGS, INC., RON VAN DER KUIJL, ET AL., Appellant, v. Case No. 5D11-3651 VINCENT GOODWIN, LOVERY GOODWIN, ET AL., Appellee. ________________________________/ Opinion filed May 31, 2013 Appeal from the Circuit Court for Lake County, T. Michael Johnson, Judge. A. Anthony Giovanoli, A. Anthony Giovanoli, P.A., Winter Park, and John W. Zielinski, NeJame Law, NeJame, Lafay, Jancha, Ahmed, Barker, Joshi & Moreno, P.A., Orlando, for Appellant. Edward P. Jordan II, of Edward P. Jordan II, P.A., Clermont, for Appellees, Edward P. Jordan II, Esq., and Edward P. Jordan, II, P.A. E. Dusty Aker, Aker Law Firm, P.A., Sarasota, for Appellees, Kenneth T. Lester, Sr., Kenneth T. Lester, Jr., and Rodolfo Olea. No appearance for Appellees, Vincent Goodwin and Lovery Goodwin. PER CURIAM. We affirm the trial court s denial of an award of attorney s fees to Appellants as we find no abuse of the court s discretion. See T & W Developers, Inc. v. Salmonsen, 31 So. 3d 298, 301 (Fla. 5th DCA 2010). However, we reverse the trial court s order denying Appellants an award of costs. See Wolfe v. Culpepper Constructors, Inc., 104 So. 3d 1132, 1137 (Fla. 2d DCA 2012); Granoff v. Seidle, 915 So. 2d 674, 677 (Fla. 5th DCA 2005). On remand, the trial court shall award Appellants their reasonable, taxable costs. AFFIRMED in part; REVERSED in part; REMANDED. ORFINGER, C.J., GRIFFIN and SAWAYA, JJ., concur. 2

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