COLLEEN K. PAUL, APPELLANT,
v.
ALLSTATE INSURANCE COMPANY, ETC., AND BERNARD JEROME DOOLEY, APPELLEES

Fla. 2d DCA | 1980-03-12
No. 79-1856
GRIMES, C. J., and DANAHY and CAMPBELL, JJ., concur.
380 So. 2d 1307 Florida District Court of Appeal, Second District (1980) Negative Treatment
Cited by 14 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Colleen K. Paul appeals from a cost judgment awarded in favor of defendants, Allstate Insurance Company and Bernard Jerome Dooley. The cost judgment included costs incurred by the defendant for copies of a deposition of a witness. This portion of the judgment for costs was error. Florida Greyhound Lines v. Jones, 60 So. 2d 396 (Fla.1952); Ryan v. Beucher, 360 So. 2d 15 (Fla. 2d DCA 1978). While we agree with the reasoning of our sister court of appeal in Moore v. Caughey, 368 So. 2d 109 (Fla. 4th DCA 1979), we nonetheless are bound by Jones.

The cost judgment is affirmed in all other respects. Reversed in part and affirmed in part.

GRIMES, C. J., and DANAHY and CAMPBELL, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


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  • …f Appeal have placed different interpretations upon this holding. For example, the Second District Court of Appeal has interpreted Jones as completely precluding taxing costs for copies of depositions in any case. Paul v. Allstate Insurance Company, 380 So. 2d 1307 (Fla. 2nd DCA 1980). Likewise, this court has stated in dicta that “costs for copies of depositions are not properly assessable.” Crabtree v. Rogers, 370 So. 2d 857 (Fla. 1st DCA 1979). The Fourth District Court of Appeal, on the other hand, has hel…
  • Bolton v. Bolton, 412 So. 2d 72 (Fla. 2d DCA 1982)
    …ofessional Computer Management, Inc. v. Tampa Wholesale Liquor Co., Inc., 374 So. 2d 626 (Fla. 2d DCA 1979). Nor are copies of depositions recoverable in Florida. Davis v. Mandau, 400 So. 2d 89, 90 (Fla. 2d DCA 1981); Paul v. Allstate Insurance Co., 380 So. 2d 1307 (Fla. 2d DCA 1980). See Florida Greyhound Lines, Inc. v. Jones, 60 So. 2d 396 (Fla.1952). We strike those items from the award of costs to appellee. The cost award in Case No. 81-968 is hereby reduced to $538.50. Following dismissal of the action a…
  • …ion because the First District’s holding in the present case that costs for copies of depositions were properly taxed against International Patrol expressly and directly conflicts with the Second District’s holding in Paul v. Allstate Insurance Co., 380 So. 2d 1307 (Fla. 2d DCA 1980), that costs for copies of depositions may not be taxed in any case. In our present decision, we agree with the First District’s decision on this point and approve its rationale. The First District agreed with the reasoning of the…
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