MARY DAVIS AND JACK DAVIS, HER HUSBAND, APPELLANTS,
v.
MOLLIE MANDAU, BILLY H. BRYANT, PAUL F. DICKEN, ROCKS & STONES, INC., BIFF-BURGER OF CLEWISTON, INC., NATIONAL BIFF-BURGER, CLEWISTON BUILDERS, INC., SWINDLE BROS. DRAGLINE & PAVING, AND DONALD R. EVANS D/B/A EVANS PLUMBING & SUPPLY CO., APPELLEES
DANAHY, Judge.
We find no error in the entry of the summary judgments for appellees in this case. For the reasons set forth in Beattie v. Brotz, 391 So. 2d 802 (Fla. 2d DCA 1980), we reverse the cost order in favor of appellee Evans to the extent that it taxes the costs of copies of depositions.
Pursuant to Article V, Section 3(b)(4), Florida 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 depositions.
GRIMES, Acting C. J., and CAMPBELL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bolton v. Bolton, 412 So. 2d 72 (Fla. 2d DCA 1982)…r v. General Leisure Corp., 289 So. 2d 429 (Fla. 1st DCA 1974). See Professional 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. 8…
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Davis v. Mollie Mandau, 410 So. 2d 915 (Fla. 1981)…ALDERMAN, Justice. The District Court of Appeal, Second District, in Davis v. Mandau, 400 So. 2d 89 (Fla.2d DCA 1981), affirmed in summary fashion the trial court’s entry of summary judgment for respondents but decided that the trial court erred in entering a cost order in favor of respondent Evans to the extent that it taxed the costs of depositi…
Authorities Cited
- Cnty. OF ST. Lucie & Hartford Accident & Indem. Co. v. Browning, 358 So. 2d 253 (Fla. 4th DCA 1978)
- Moore v. Caughey, 368 So. 2d 109 (Fla. 4th DCA 1979)
- Gale Distribs., Inc. v. RCA Corp., 374 So. 2d 617 (Fla. 4th DCA 1979)
- State Farm Mut. Auto. Ins. Co. v. Sampaio, 374 So. 2d 617 (Fla. 4th DCA 1979)
- Beattie v. Brotz, 391 So. 2d 802 (Fla. 2d DCA 1980)