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*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 12/3/2013 3:11:30 PM.****
Electronically Filed 12/03/2013 03:11:32 PM ET
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
MARY JOHNSTON, CASE NO. 062012CA019330AXXXE
Plaintiff,
vs.
VLN DEVELOPMENT, LLC, a Florida
Limited Liability Company,
Defendant. /
DEFENDANT, VLN DEVELOPMENT, LLC’S MOTION TO TAX COSTS
Defendant, VLN DEVELOPMENT, LLC (hereinafter “VWLN DEVELOPMENT”), by
and through its undersigned counsel, and pursuant to Florida Statute Section 57.041, hereby files
its Motion to Tax Costs as Prevailing Party, and in support thereof states the following:
1. On October 31, 2013, at the conclusion of the trial of this matter, the jury
rendered a verdict in favor of Defendant, VLN DEVELOPMENT and against the Plaintiff,
MARY JOHNSTON, for all counts. See a copy of Final Judgment, attached hereto as Exhibit
“4
2. The Court reserved jurisdiction for the determination of reasonable attorneys’ fees
and costs,
3, Pursuant to Florida Statute section § 57.041(a), as the prevailing party in this
matter, VLN DEVELOPMENT is entitled to the taxable costs related to the litigation.
4. VLN DEVELOPMENT respectfully submits that taxable costs were incurred in
the amount of $14,416.44 in the defense of this matter.
5, Florida Statute Section 57.041(1) provides in pertinent part, “{t]he party
recovering judgment shall recover all his or her legal costs and charges which shall be includedin the judgment...” A judge does not have discretion to deny recovery of costs to the prevailing
party. Land & Sea Petroleum, Inc. v. Business Specialists, Inc., 53 So.3d 348 (Fla. 4" DCA
2011), citing to Oriental Imps. v. Alilin, 559 So.2d 442, 443 (Fla. 4" DCA 1990).
6. VLN DEVELOPMENT is the prevailing party in this matter and is therefore
entitled to recover its costs, Plaintiff, MARY JOHNSTON, asserted allegations of negligence
against VLN DEVELOPMENT. This matter was fully litigated and proceeded to trial, where the
jury on October 31, 2013, returned a verdict in favor of VLN DEVELOPMENT.
WHEREFORE, Defendant, VLN DEVELOPMENT, LLC, respectfully requests this
Honorable Court grant its Motion to Tax Costs as the Prevailing Party, and all other relief that
this Court deems just and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on eee day of December, 2013, the foregoing
document was electronically served with the Clerk of the Court using the Florida Courts E-
Filing Portal. 1 also certify that the foregoing document is being served this day on Shyamie
Dixit, Jr., Esquire: ryessel@dixitlaw.com; sdixit@dixitlaw.com; shyamidixit@gmail.com;
scampbell@dixitlaw.com by the Florida Courts E-Filing Portal.
POWERS MCNALIS TORRES TEEBAGY LUONGO
P.O. Box 21289
West Palm Beach, FL 33416-1289
(561) 588-3000 Telephone
(561) 588-3705 Facsimile
Service Email: eservice@powersmenalis.com
Counsel
By:
A , TORRES, ESQUIRE
Florida Bar No.: 074837
12470/985“IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO, 062012CA019330AXXXE
MARY JOHNSTON,
Plaintiff,
vs.
VLN DEVELOPMENT, LLC, a Florida
Limited Liability Company,
Defendant, /
FINAL JUDGMENT IN FAVOR OF DEFENDANT, VLN DEVELOPMENT, LLC
Pursuant to the Verdict rendered in the above-styled action on October 31, 2013, it is
adjudged that Plaintiff, MARY JOHNSTON, 3070 Holiday Springs Bivd., Unit 110, Margate,
Florida 33063, take nothing by this action against Defendant, VLN DEVELOPMENT, LLC, and
that Defendant, VLN DEVELOPMENT, LLC, shall go hence without day.
The court hereby retains jurisdiction to consider the Defendant, VLN DEVELOPMENT,
LLC’s Motion for Attorney’s Fees and Mation to Tax Costs.
DONE AND ORDERED in Chambers, at Fort Lauderdale, Florida, Broward County,
Florida on this day of November, 2013. JOHN B. BOWMAN
NOV 13 2013
ATrue Copy
Honorable John B. Bowman
Circuit Judge
Copies furnished to:
Shyamie Dixit, Jr., Esq., 3030 N. Rocky Point Drive West, Suite 260, Tampa, Florida 33607
Anna D. Torres, Esq., P.O, Box 21289, West Palm Beach, FL 33416-1289
12470/984
EXHIBIT
1A
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*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 12/3/2013 3:11:30 PM.**** Electronically Filed 12/03/2013 03:11:32 PM ET IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA MARY JOHNSTON, CASE NO. 062012CA019330AXXXE Plaintiff, vs. VLN DEVELOPMENT, LLC, a Florida Limited Liability Company, Defendant. / DEFENDANT, VLN DEVELOPMENT, LLC’S MOTION TO TAX COSTS Defendant, VLN DEVELOPMENT, LLC (hereinafter “VWLN DEVELOPMENT”), by and through its undersigned counsel, and pursuant to Florida Statute Section 57.041, hereby files its Motion to Tax Costs as Prevailing Party, and in support thereof states the following: 1. On October 31, 2013, at the conclusion of the trial of this matter, the jury rendered a verdict in favor of Defendant, VLN DEVELOPMENT and against the Plaintiff, MARY JOHNSTON, for all counts. See a copy of Final Judgment, attached hereto as Exhibit “4 2. The Court reserved jurisdiction for the determination of reasonable attorneys’ fees and costs, 3, Pursuant to Florida Statute section § 57.041(a), as the prevailing party in this matter, VLN DEVELOPMENT is entitled to the taxable costs related to the litigation. 4. VLN DEVELOPMENT respectfully submits that taxable costs were incurred in the amount of $14,416.44 in the defense of this matter. 5, Florida Statute Section 57.041(1) provides in pertinent part, “{t]he party recovering judgment shall recover all his or her legal costs and charges which shall be includedin the judgment...” A judge does not have discretion to deny recovery of costs to the prevailing party. Land & Sea Petroleum, Inc. v. Business Specialists, Inc., 53 So.3d 348 (Fla. 4" DCA 2011), citing to Oriental Imps. v. Alilin, 559 So.2d 442, 443 (Fla. 4" DCA 1990). 6. VLN DEVELOPMENT is the prevailing party in this matter and is therefore entitled to recover its costs, Plaintiff, MARY JOHNSTON, asserted allegations of negligence against VLN DEVELOPMENT. This matter was fully litigated and proceeded to trial, where the jury on October 31, 2013, returned a verdict in favor of VLN DEVELOPMENT. WHEREFORE, Defendant, VLN DEVELOPMENT, LLC, respectfully requests this Honorable Court grant its Motion to Tax Costs as the Prevailing Party, and all other relief that this Court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on eee day of December, 2013, the foregoing document was electronically served with the Clerk of the Court using the Florida Courts E- Filing Portal. 1 also certify that the foregoing document is being served this day on Shyamie Dixit, Jr., Esquire: ryessel@dixitlaw.com; sdixit@dixitlaw.com; shyamidixit@gmail.com; scampbell@dixitlaw.com by the Florida Courts E-Filing Portal. POWERS MCNALIS TORRES TEEBAGY LUONGO P.O. Box 21289 West Palm Beach, FL 33416-1289 (561) 588-3000 Telephone (561) 588-3705 Facsimile Service Email: eservice@powersmenalis.com Counsel By: A , TORRES, ESQUIRE Florida Bar No.: 074837 12470/985“IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO, 062012CA019330AXXXE MARY JOHNSTON, Plaintiff, vs. VLN DEVELOPMENT, LLC, a Florida Limited Liability Company, Defendant, / FINAL JUDGMENT IN FAVOR OF DEFENDANT, VLN DEVELOPMENT, LLC Pursuant to the Verdict rendered in the above-styled action on October 31, 2013, it is adjudged that Plaintiff, MARY JOHNSTON, 3070 Holiday Springs Bivd., Unit 110, Margate, Florida 33063, take nothing by this action against Defendant, VLN DEVELOPMENT, LLC, and that Defendant, VLN DEVELOPMENT, LLC, shall go hence without day. The court hereby retains jurisdiction to consider the Defendant, VLN DEVELOPMENT, LLC’s Motion for Attorney’s Fees and Mation to Tax Costs. DONE AND ORDERED in Chambers, at Fort Lauderdale, Florida, Broward County, Florida on this day of November, 2013. JOHN B. BOWMAN NOV 13 2013 ATrue Copy Honorable John B. Bowman Circuit Judge Copies furnished to: Shyamie Dixit, Jr., Esq., 3030 N. Rocky Point Drive West, Suite 260, Tampa, Florida 33607 Anna D. Torres, Esq., P.O, Box 21289, West Palm Beach, FL 33416-1289 12470/984 EXHIBIT 1A