U.S. AUTOMOBILE ASSOC. v. JOHNSTON

No. 76-2301.

352 So.2d 1190 (1977)

UNITED STATES AUTOMOBILE ASSOCIATION, Thomas M. Le Retilley, and Thomas C. Le Retilley, Appellants, v. Lori Lynn JOHNSTON, a Minor, by and through Her Mother and Next Friend, Toby A. Johnston, and Toby A. Johnston, Individually, Anthony A. Bevilacqua, Jr., and State Farm Mutual Automobile Insurance Company, an Illinois Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 9, 1978.


Attorney(s) appearing for the Case

Janis M. Halker of Gurney, Gurney & Handley, P.A., Orlando, for appellants.

John C. Briggs of Robertson, Williams, Duane & Lewis, P.A., Orlando, for appellees — Lori Lynn Johnston and Toby Johnston.

James M. Hess and James O. Driscoll of Driscoll, Baugh, Langston, Layton & Kane, Orlando, for appellees — Anthony A. Bevilacqua and State Farm Mut. Auto. Ins. Co.


DAUKSCH, Judge.

Appellants were among several Defendants against whom Judgments were entered as a result of a personal injury suit. Appellees-Bevilacqua and State Farm were the other Defendants who had settled out after the jury verdict of liability but before the verdict on damages. The court assessed costs against Appellants but not against Bevilacqua and State Farm. Appellants complain that the court should have assessed costs against all Defendants equally even...

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