LORETTA WEISS, MURRAY WEISS, ET AL., APPELLANTS,
v.
HAROLD TURTLETAUB, APPELLEE
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The court affirmed the cost judgment except for the trial court's partial disallowance of the official court reporter's attendance fee, which was reversed and remanded with directions to award the full $197 fee as taxable costs to the prevailing appellants.
A trial court abuses its discretion in disallowing as taxable costs the official court reporter's attendance fee when that cost served a useful purpose, but does not abuse its discretion in disallowing other costs when the record fails to establish they served a useful purpose.
[1] An official court reporter's attendance fee is taxable as costs to a prevailing party when it served a useful purpose, as required by Florida Statutes Section 57.071(2).
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Join FLexlaw to unlock all legal intelligence“such a cost served a useful purpose and was, therefore, taxable under Section 57.071(2), Florida Statutes (1979)”
The court's explanation for why the court reporter's attendance fee should be awarded as taxable costs.
Appellants Loretta and Murray Weiss prevailed at trial and sought to recover various costs, including an official court reporter's attendance fee of $…
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PER CURIAM.
The cost judgment and amended cost judgment under review are affirmed, except insofar as they disallow in part the official court reporter’s fee for the instant trial at which the appellants prevailed, and are reversed, solely as to the such cost item; the cause is remanded to the trial court with directions to award as taxable costs to the appellants the full such court reporter’s attendance fee of $197 based on a holding that: (a) the trial court on this record abused its discretion in disallowing in part as taxable costs the official court reporter’s attendance fee for the trial at which the appellants prevailed as, in our view, such a cost served a useful purpose and was, therefore, taxable under Section 57.071(2), Florida Statutes (1979); see Wilkens v. SuperX Drugs of Florida, Inc., 232 So. 2d 19 (Fla. 4th DCA 1970); 12 Fla.Jur.2d “Costs” 169-170 (1979); and (b) the trial court did not abuse its discretion in disallowing as taxable costs the balance of the costs sought herein as, in our view, the showing made on this record is far too sparse to establish, as it should, that such costs served a useful purpose. Gordon International Advertising, Inc. v. Charlotte County Land & Title Co., 170 So. 2d 59, 61 (Fla. 3d DCA 1964); see Wilkens v. SuperX Drugs of Florida, Inc., 232 So. 2d 19 (Fla. 4th DCA 1970).
Affirmed in part; reversed in part.
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Folta v. Joseph Bolton, M.D., 493 So. 2d 440 (Fla. 1986)…d the defendant prevails on the other claim, the “prevailing party” is deemed to be the net winner when the dust settles. Kirou v. Oceanside Plaza Condominium Association, Inc., 425 So. 2d 650 (Fla. 3d DCA 1983); Kendall East Estates, Inc. v. Banks, 386 So. 2d 1245 (Fla. 3d DCA 1980). In Kirou, a condominium association sought to cancel a “pet agreement” and remove dogs from the premises. The owner, Kirou, filed a counterclaim for a declaration that the rules and regulations invoked by the association did not…
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Hendry Tractor Co. v. Fernandez, 432 So. 2d 1315 (Fla. 1983)…th the final cost judgment being entered in favor of Hendry (defendant at trial) for the sum of $6,975.52. Thereupon the Fernandezes appealed the cost judgment. The Florida Third District Court of Appeal, citing Kendall East Estates, Inc. v. Banks, 386 So. 2d 1245 (Fla. 3d DCA 1980), reversed and held that the Fernandezes alone were entitled to costs as they were the prevailing parties. Hendry Tractor then suggested that the district court’s opinion be certified to the Florida Supreme Court as a matter of gr…
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Brickell BAY Club Condo. Ass'n, Inc. v. Forte, 397 So. 2d 959 (Fla. 3d DCA 1981)…ney’s fees and costs.2 The courts have no discretion to decline to enforce such an undertaking, any more than any other contractual provision. Ritter’s Hotel, Inc. v. Sidebothom, 142 Fla. 171, 194 So. 322 (1940); Kendall East Estates, Inc. v. Banks, 386 So. 2d 1245, 1247 (Fla. 3d DCA 1980); Silver Blue Lake Apts., No. 3, Inc. v. Manson, 334 So. 2d 48 (Fla. 3d DCA 1976). Accordingly, the cause is remanded for the sole purpose of determining the amounts of attorney’s fees and costs to be awarded under the provis…
Previewing 3 of 21 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gordon Int'l Advertising, Inc. v. Charlotte Cnty. Land & Title Co., 170 So. 2d 59 (Fla. 3d DCA 1964)
- Wilkins v. Superx Drugs OF Fla., Inc., 232 So. 2d 19 (Fla. 4th DCA 1970)