Hastings v. Skipper

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT HERBERT HASTINGS, Appellant, v. SKIPPER & DAY, a partnership, Appellee. SKIPPER & DAY, a partnership, Appellant, v. HERBERT HASTINGS and AMERICAN SIGN COMPANY, a Florida corporation, Appellees. Opinion filed September 20, 2002. Appeal from final judgment and nonfinal order of the Circuit Court for Pinellas County; Anthony Rondolino, Judge. Michael Moran of Law Office of Michael Moran, Sarasota, for Herbert Hastings and American Sign Company. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2D01-4372 CONSOLIDATED Case No. 2D02-491 Jesse L. Skipper of Jesse L. Skipper, P.A., St. Petersburg, for Skipper & Day. COVINGTON, Judge. In these consolidated cases, Herbert Hastings appeals from a final judgment awarding damages to Skipper & Day. Skipper & Day, on the other hand, challenges the trial court's denial of its motion for attorney's fees sought pursuant to section 768.79, Florida Statutes (2001). We write only to note that since the time the trial court's decisions were rendered, the Florida Supreme Court has issued two opinions concerning costs. In Amerace Corp. v. Stallings, 27 Fla. L. Weekly S566 (Fla. June 13, 2002), the court held that interest on a jury verdict does not begin to accrue until the date of judgment. The court in White v. Steak & Ale of Florida, Inc., 816 So. 2d 546 (Fla. 2002), concluded that a "judgment obtained" pursuant to section 768.79 includes the plaintiff's taxable costs up to the date of the offer. We have considered both of these decisions and find no error in the trial court's determination that attorney's fees should not be awarded. Affirmed. FULMER and CASANUEVA, JJ., Concur. -2-

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