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FIRST PROTECTIVE INSURANCE COMPANY v. FEATHERSTON

No. 2D06-5445.

978 So.2d 881 (2008)

FIRST PROTECTIVE INSURANCE COMPANY, Appellant, v. Hisako FEATHERSTON and Catherine Thornhill, individually and as parent and natural guardian of Hannah Elizabeth Thornhill, a minor, Appellees.

District Court of Appeal of Florida, Second District.

April 18, 2008.

Attorney(s) appearing for the Case

Caryn L. Bellus and Kubicki Draper, Miami, for Appellant.

Raymond T. Elligett, Jr., of Buell & Elligett, P.A., Tampa, for Appellee Hisako Featherston.

Lee D. Gunn, IV, and Scott A. Arthur of Gunn Law Group, P.A., Tampa, for Appellee Catherine Thornhill.

EN BANC

CANADY, Judge.

In this case we consider whether a litigant's failure to plead entitlement to costs constitutes a waiver of the litigant's right to file a motion seeking costs at the conclusion of the litigation. Pursuant to Florida Rule of Appellate Procedure 9.331(a) and (c), the court on its own motion has ordered en banc consideration of this case. For the reasons we explain, we hold that litigants are not required to claim entitlement to costs in their pleadings...

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