Axis Insurance Company v. Farah & Farah, P.A. et al

Filing 124

ORDER that Parties' Joint Response to Order Taking Plaintiff's Motion to Tax Costs Under Advisement (Doc. 123) is GRANTED IN PART and DENIED IN PART. The Clerk is DIRECTED to enter an amended final judgment. Signed by Judge Roy B. Dalton, Jr. on 3/19/2013. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
AXIS INSURANCE COMPANY,
Plaintiff,
vs.

Case No. 3:10-cv-393-J-37JBT

FARAH & FARAH, P.A.; EDDIE
FARAH; MICHAEL D. MARESSE;
F. CATFISH ABBOTT; and TRACEY B.
TURNER and TRACY R. TURNER,
individually and on behalf of their minor
son, T.T.T.,
Defendants.
ORDER
This cause is before the Court on the following:
1.

Plaintiff’s Motion to Tax Costs (Doc. 106), filed November 28, 2011;

2.

Magistrate Judge Joel B. Toomey’s February 14, 2013 Order (Doc. 121),
filed February 14, 2013; and

3.

Parties’ Joint Response to Order Taking Plaintiff’s Motion to Tax Costs
Under Advisement (Doc. 123), filed March 18, 2013.

On November 10, 2011, this Court granted in part and denied in part Plaintiff’s
motion for summary judgment.1 (Doc. 102.) On November 28, 2011, Plaintiff moved for
an order taxing costs against Defendants. (Doc. 106.) Defendants responded.
(Docs. 109, 110, 114.) On February 14, 2013, Magistrate Judge Joel B. Toomey took
1

After entry of judgment (Doc. 103), Defendants Farah & Farah, P.A., Eddie
Farah, and Michael D. Maresse appealed (Doc. 110). Defendants Tracey B. Turner and
Tracy R. Turner separately appealed. (Doc. 112.) The U.S. Court of Appeals for the
Eleventh Circuit affirmed this Court’s judgment in the former appeal (Doc. 119) and
dismissed the latter appeal for failure to prosecute (Doc. 116).

the motion under advisement and directed the parties to confer and file a joint notice
with the Court summarizing their positions. (Doc. 121.) On March 18, 2013, the parties
filed a request for entry of a stipulated final judgment on the motion, stating that they
agree that Plaintiff is entitled to $16,500 in taxable costs from Defendants. (Doc. 123,
p. 3.) The parties ask the Court to enter final judgment awarding these costs to Plaintiff
and to retain jurisdiction to enforce the judgment.
Accordingly, it is hereby ORDERED AND ADJUDGED:
1.

Parties’ Joint Response to Order Taking Plaintiff’s Motion to Tax Costs
Under Advisement (Doc. 123) is GRANTED IN PART and DENIED IN
PART.

2.

The parties’ request is GRANTED to the extent it asks the Court to enter
judgment against Defendants for taxable costs in the amount of $16,500.
The request is DENIED to the extent that it asks the Court to retain
jurisdiction to enforce the judgment. The Court declines to retain
jurisdiction to enforce payment.

3.

The Clerk is DIRECTED to enter an amended final judgment2 providing as
follows:
The Court hereby declares that (1) there is no
coverage for claims arising out of Defendants Tracey
B. Turner and Tracy R. Turner’s medical negligence
case under policy no. MCN 718206/01/2009, and
(2) Plaintiff Axis Insurance Company is not obligated
to defend or indemnify Defendants Farah & Farah,
P.A., Eddie Farah, Michael D. Marrese, or F. Catfish
Abbott in the legal malpractice lawsuit brought against
them by Defendants Tracey B. Turner and Tracy R.
Turner.

2

The amended final judgment will amend the Judgment in a Civil Case
(Doc. 103).

2

Defendants shall pay Plaintiff taxable costs in the
amount of $16,500, to accrue at the applicable
statutory interest rate, for which sums let execution
issue. Defendants are jointly and severally liable for
all money awarded to Plaintiff pursuant to this
Amended Final Judgment.
DONE AND ORDERED in Chambers in Jacksonville, Florida, on March 19, 2013.

Copies:
Counsel of Record

3