ADELINE M. DORNER, A SINGLE WOMAN,
v.
RED TOP CAB AND BAGGAGE CO., A FLORIDA CORPORATION, FOR THE USE AND BENEFIT OF VIRGINIA FONTAINE AND UNITED STATES FIDELITY AND GUARANTY COMPANY, A MARYLAND CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA
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Attorneys' fees for taking depositions cannot be taxed as costs unless provided by contract or statute.
Appellant sought to quash a portion of a judgment that included attorneys' fees for taking depositions. The trial court overruled the motion.…
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Appelles recovered a judgment against appellant, in which was included the sum of $272.73 taxed as costs of the litigation. A portion of the latter amount was for attorneys’ fees incurred in taking depositions on behalf of defendant. Appellant moved to quash that part of the execution relating to attorneys’ fees. His motion was overruled and this appeal was prosecuted. > The items to which the motion to quash was directed were, (1) $35.00 awarded Allaben & Wiarda, Attorneys of Grand Rapids, Mich., for representing plaintiff in the taking of depositions, (2) $50.00 awarded a Mr. Chase, Attorney of California for a similar purpose and (3) $50.00 awarded Gay & Behrens, New York Attorneys for a like purpose.
The point for determination is whether or not attorneys’ fees for the taking of depositions to be used as evidence in a case may be taxed as costs.
This court is committed to the doctrine that attorneys’ fees cannot be taxed as costs in any cause unless provided for by contract, agreement or by terms of the statute. Webb v. Scott, 129 Fla. 111, 176 So. 442; State v. Barrs, 87 Fla. 168, 99 So. 668. No express provision of statute and no contract is shown to support the amounts allowed as attorneys’ fees here.
It is also contended that the item of $13.00 expended in taking the deposition of J. A. Fite in behalf of appellees should *884be rejected because it was not placed in evidence at the trial and was never made a part of the record. In our view the position of appellant on these points is well taken and finds ample support in the cases cited.
The judgment appealed from is accordingly reversed as to the items complained of. In all other respects it is affirmed.
Reversed in part, affirmed in part.
THOMAS, C. J., CHAPMAN and SEBRING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (28 total)
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Jacksonville Expressway Auth. v. Henry G. DU Pree Co., 108 So. 2d 289 (Fla. 1958)…ases where statute or special contract provides for them.1 This is the general rule applicable in cases involving private litigation. Phoenix Indemnity Co. v. Union Finance Co., Fla., 1951, 54 So. 2d 188; Dorner v. Red Top Cab and Baggage Co., 1948, 160 Fla. 882, 37 So. 2d 160, and cases cited therein. Without, as we now feel, appropriate consideration of the distinct nature of eminent domain proceedings and the stark significance of the requirements of “full” and “just” compensation, this rule was applied…
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Shavers v. Duval Cnty., 73 So. 2d 684 (Fla. 1954)…sts in any cause unless provided for by contract or by statute. State ex rel. Royal Ins. Co. v. Barrs, 87 Fla. 168, 99 So. 668; Webb v. Scott, 129 Fla. 111, 176 So. 442; Ex parte Graham, 136 Fla. 20, 186 So. 202; Dorner v. Red Top Cab & Baggage Co., 160 Fla. 882, 37 So. 2d 160; Phoenix Indemnity Co. v. Union Finance Co., Fla., 54 So. 2d 188. The mortgagee concedes that it has no contract authorizing the recovery of attorney’s fees and costs against the petitioners. It contends, however, that sections 73.11…
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Knealing v. Puleo, 675 So. 2d 593 (Fla. 1996)…hough the defendant has not complied with the time requirements of section 768.79 as incorporated into Florida Rule of Civil Procedure 1.442. A statute providing authority to award fees must do so expressly. See Dorner v. Red Top Cab & Baggage Co., 160 Fla. 882, 37 So. 2d 160 (1948); Florida Life Ins. Co. v. Fickes, 613 So. 2d 501 (Fla. 5th DCA 1993); Scott v. Scott, 303 So. 2d 683 (Fla. 4th DCA 1974). Contrary to the district court’s finding in Puleo, section 44.102(6) does not expressly authorize an awar…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The State of Fla. ex rel. Royal Ins. Co. v. Burton Barrs, 87 Fla. 168 (Fla. 1924)
- Webb v. Scott, 129 Fla. 111 (Fla. 1936)