- Court
- Florida Third District Court of Appeal
- Case Number
- 3D2026-0303
- Date Filed
- May 27, 2026
- Judges
- Fernandez, Gordo and Bokor, JJ. (Per Curiam)
- Disposition
- Petition granted; order quashed (on confession of error)
Background
Restoration Genie, Inc. filed an insurance action against Citizens Property Insurance Company. The trial court dismissed the first action for lack of prosecution on March 5, 2025. On November 4, 2025, Restoration Genie refiled the case against Citizens. Citizens then filed a motion for stay on December 18, 2025, and a motion to tax costs on January 8, 2026 — more than 300 days after the trial court entered its order dismissing the first action. The trial court granted both motions in its February 11, 2026 order.
Restoration Genie petitioned for certiorari, arguing that Citizens never filed its motion to tax costs within the required timeframe under Florida Rule of Civil Procedure 1.525.
Holding
The Third DCA granted the petition on confession of error by Citizens. Rule 1.525 provides that costs in a dismissed action “shall be assessed and judgment for costs entered in that action.” Citizens acknowledged that the rule requires the motion to be filed within 30 days, and the equivalent Florida Small Claims Rule 7.110(d) imposes the same requirement with no material difference. The court cited City of Hallandale v. Chatlos, 236 So. 2d 761, 763 (Fla. 1970) and McKelvey v. Kismet, Inc., 430 So. 2d 919, 921-22 (Fla. 3d DCA 1983) for the principle that costs motions must be filed in the same action within the applicable time limit.
Key Takeaways
- A motion to tax costs must be filed within 30 days of the judgment or order giving rise to the cost entitlement under Rule 1.525.
- Costs in a dismissed action must be assessed and entered in that same action — they cannot be pursued in a subsequently refiled case.
- The 30-day deadline applies equally under Rule 1.525 (civil procedure) and Small Claims Rule 7.110(d).
- Filing a motion to tax costs 300+ days after dismissal is untimely and warrants certiorari relief.
Why It Matters
While this decision arrived on a confession of error, it reinforces an important and frequently overlooked deadline in Florida civil litigation. Parties who prevail through dismissal (including dismissal for lack of prosecution) must act promptly to recover costs — the 30-day window under Rule 1.525 is strict. In insurance litigation, where cases are frequently dismissed and refiled, this holding prevents insurers from sitting on cost claims and asserting them in subsequently refiled actions, providing certainty to plaintiffs who refile after a dismissal.