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LONE STAR INDUS. v. LIBERTY MUT. INS.

No. 96-2396.

688 So.2d 950 (1997)

LONE STAR INDUSTRIES, INC., Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 26, 1997.

Attorney(s) appearing for the Case

Keith, Mack, Lewis, Cohen & Lumpkin and R. Hugh Lumpkin and Jack R. Reiter, Miami, for appellant.

Akerman, Senterfitt & Eidson, P.A. and Steven E.M. Hartz and Mark S. Shapiro, Miami; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. and Lee H. Glickenhaus, Boston, MA, for appellee.

Before SCHWARTZ, C.J., and GERSTEN and GREEN, JJ.

GREEN, Judge.

We have for review a non-final order awarding Liberty Mutual Insurance Company $34,789.25 in costs for a bond premium which was purportedly incurred by the company during the pendency of the appellate process of this action. According to its costs affidavit, Liberty Mutual incurred these costs by virtue of the fact that its claims department was required to pay this nonrefundable sum of money to its surety department for the bond. We reverse, as we conclude...

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