STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLANT,
v.
WILLIAM SAMPAIO, RUDY WICHMANN, JR., LOUIS RIO AND RESERVE INSURANCE COMPANY, APPELLEES
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The court held that the trial judge correctly denied costs for hospital records but must determine if deposition costs were useful before taxing them.
State Farm, the prevailing party, sought to tax costs for depositions, deposition copies, and hospital records. The trial court denied the motion.…
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[*618] MOORE, Judge.
State Farm Mutual Automobile Insurance Company, the defendant below, appeals from an order denying its motion to tax costs in this consolidated action. The motion listed the costs of depositions, copies of depositions and hospital records. Summary judgment had been entered previously in State Farm’s favor against both sets of plaintiffs.
Generally, if the depositions served a useful purpose, the party who prevails is entitled to have that item of cost taxed against the unsuccessful litigant. Miller Yacht Sales, Inc. v. Scott, 311 So. 2d 762 (Fla. 4th DCA 1975). Similarly, costs of copies of depositions may be taxable if the copies served a useful purpose. County of St. Lucie v. Browning, 358 So. 2d 253 (Fla. 4th DCA 1978); Moore v. Caughey, 368 So. 2d 109 (Fla. 4th DCA 1979). The cost of hospital records not used in trial or introduced into evidence is not taxable. Cohn v. Florida National Bank at Orlando, 223 So. 2d 767 (Fla. 4th DCA 1969).
Although the taxing of costs is discretionary with the judge, the exercise of that discretion is subject to appellate review. In the instant cause, the trial judge was correct in refusing to tax the costs of the hospital records; however, we are unable to determine from the summary denial of the motion if the trial judge determined whether the cost of the depositions and copies of depositions served a useful purpose. We therefore remand to him for this determination. If he decides that any of these costs are taxable, he should equitably apportion said costs between the unsuccessful plaintiffs.
REVERSED AND REMANDED.
BERANEK, J. and WALLACE R. PACK, Associate Judge, concur.
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Schumacher v. Wellman, 415 So. 2d 120 (Fla. 4th DCA 1982)…fered into evidence. Cohn v. Florida National Bank at Orlando, 223 So. 2d 767 (Fla. 4th DCA 1969). Similarly, costs of copies of depositions may be taxable if the copies served a useful purpose. State Farm Mutual Automobile Insurance Co. v. Sampaio, 374 So. 2d 617 (Fla. 4th DCA 1979). However, where witnesses are not called, the costs of their depositions are not taxable as the issue being served has not been tried. Cohn v. Florida National Bank, supra. In the instant case, without specifying the reasons, the…
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Beattie v. Brotz, 391 So. 2d 802 (Fla. 2d DCA 1980)…2d 1307 (Fla. 2d DCA 1980). We recognize that one of our sister courts has held to the contrary on the premise that the rule in Greyhound is out of date and that the decision is distinguishable. State Farm Mutual Automobile Insurance Co. v. Sampaio, 374 So. 2d 617 (Fla. 4th DCA 1979); Moore v. Caughey, 368 So. 2d 109 (Fla. 4th DCA 1979); County of St. Lucie v. Browning, 358 So. 2d 253 (Fla. 4th DCA 1978). We agree that Greyhound is out of date,1 but we cannot see how it can be distinguished. Therefore, consis…
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Davis v. Mollie Mandau, 400 So. 2d 89 (Fla. 2d DCA 1981)…lorida Constitution, and Florida Rule of Appellate Procedure 9.030(a)(2)(A)(iv), we certify this decision as being in direct conflict with the decisions of the Fourth District Court of Appeal in State Farm Mutual Automobile Insurance Co. v. Sampaio, 374 So. 2d 617 (Fla. 4th DCA 1979); Moore v. Caughey, 368 So. 2d 109 (Fla. 4th DCA 1979); County of St. Lucie v. Browning, 358 So. 2d 253 (Fla. 4th DCA 1978). AFFIRMED but REMANDED for the entry of a new cost order which excludes the costs of copies of depositio…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cohn v. Fla. Nat'l Bank AT Orlando, 223 So. 2d 767 (Fla. 4th DCA 1969)
- Cnty. OF ST. Lucie & Hartford Accident & Indem. Co. v. Browning, 358 So. 2d 253 (Fla. 4th DCA 1978)
- Miller Yacht Sales, Inc. v. Scott, 311 So. 2d 762 (Fla. 4th DCA 1975)
- Moore v. Caughey, 368 So. 2d 109 (Fla. 4th DCA 1979)