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MERELY BECAUSE PARTY FILES A MOTION FOR COSTS EARLY, DOES NOT RENDER IT LEGALLY “PREMATURE.”

Jun 30th, 2026 in by admin

Kelly v. Cohen-Saban, 51 Fla. L. Weekly D351 (Fla. 4th DCA Feb. 25, 2026):

The trial court denied the prevailing party’s motion for costs (without prejudice) because the party filed the motion prematurely, before the entry of final judgment.

The appellate court reversed. It found that while Rule 1.525 sets the “latest point” for a party to serve such a motion (no later than 30 days after judgment), it is not a “not-before-judgment” bar.