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TACHER v. MATHEWS

No. 3D01-3369.

845 So.2d 332 (2003)

Isaac TACHER, Appellant, v. Cheryl MATHEWS and George Mathews, Appellee.

District Court of Appeal of Florida, Third District.

May 21, 2003.

Attorney(s) appearing for the Case

Luis E. Ordonez & Associates and Frances F. Guasch, for appellant.

Scott R. Gill (Ft.Lauderdale), for appellee.

Before SCHWARTZ, C.J., and COPE, LEVY, GERSTEN, GODERICH, GREEN, FLETCHER, SHEVIN and RAMIREZ, JJ., En Banc.

GREEN, J.

The issue before this court is whether a zero dollar ($0.00) damage award always constitutes a defense "judgment" for purposes of a cost award under section 57.041, Fla. Stat. (1995). Following oral argument before a three judge panel, we sua sponte reheard the case en banc to consider the intra-district conflict between Upson v. Hazelrig, 444 So.2d 1127 (Fla. 3d DCA 1984), Blue v. Williams,

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