Case No. 6D2024-1498Lower Tribunal No. 2020-CA-6655
IN RE: Guardianship of T.B., an incapacitated person.
THE ACADEMY OF ABILITY, INC. and WILLIAM HARRIS,Appellants/Cross-Appellees,v.KAREANA V. MCCLOUD, as guardian of the person and property of T.B., anincapacitated person,Appellee/Cross-Appellant.
Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Orange County.
Brian S. Sandor, Judge.
August 1, 2025
NARDELLA, J.
This appeal stems from the trial court’s ruling on the motion to tax costs ofThe Academy of Ability, Inc. and William Harris (“Defendants”) following thevoluntary dismissal of the case by Kareana V. McCloud, as guardian of the personand property of T.B. (“Plaintiff”).1 The parties each raise one issue on appeal, bothof which we find unavailing. First, with respect to Defendants’ argument
Original opinion page 2
2challenging the trial court’s rejection of costs associated with treating and expertwitnesses, we find they failed to challenge each of the reasons supporting thatfinding in their initial brief, thus, allowing the trial court’s ruling to stand on theunchallenged reason. See Davis v. State, 153 So. 3d 399, 401 (Fla. 1st DCA 2014)(“An appellant who presents no argument as to why a trial court’s ruling is incorrecton an issue has abandoned the issue—essentially conceded that denial was correct.”(quoting Prince v. State, 40 So. 3d 11, 13 (Fla. 4th DCA 2010))).2 Second, withrespect to Plaintiff’s argument that the trial court erred by holding Ms. McCloudpersonally liable for the costs, we find the order on costs does no such thing. Rather,the order expressly recognizes that the guardian, Ms. McCloud, is not personallyliable for the costs. For these reasons, we affirm the trial court’s ultimate ruling onDefendants’ motion to tax costs against Plaintiff.AFFIRMED.TRAVER, C.J., and WHITE, J., concur.Jason M. Azzarone, Thomas Saieva, and Lesley Stine, of La Cava Jacobson &Goodies, P.A., Tampa, for Appellants/Cross-Appellees.Ryan Christopher Rodems, of Morgan & Morgan, P.A., Orlando, forAppellee/Cross-Appellant.NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARINGAND DISPOSITION THEREOF IF TIMELY FILED2 While Defendants addressed both reasons in their reply brief, thesearguments came too late. E.g., Hoskins v. State, 75 So. 3d 250, 257 (Fla. 2011);Askar v. Abo, 411 So. 3d 449 (Fla. 6th DCA 2024).
Footnotes
1 The claims in this case related solely to T.B., who is an incapacitated person.Back to text
Opinion text and original PDF from Florida Sixth District Court of Appeal · Source opinion