ELADIO GODOY AND LESBIA GODOY, HIS WIFE, APPELLANTS,
v.
DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA JOHN A. BRAXTON, JR., AND DELORES MARQUEZ, APPELLEES; DELORES MARQUEZ, APPELLANT, V. DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, JOHN A. BRAXTON, JR., ELADIO GODOY AND LESBIA GODOY, APPELLEES
PER CURIAM.
The single issue left in this appeal is court costs in the amount of $5,666.36, which the trial court declined to tax against the County in light of our opinion in Berek v. Metropolitan Dade County, 396 So. 2d 756 (Fla. 3d DCA 1981). Appellant concedes Berek, supra, is controlling and points to the direct conflict in State Board of Regents v. Yant, 360 So. 2d 99 (Fla. 1st DCA 1978). We adhere to our previous opinion in Berek, supra, and decline to follow Yant, supra. Accordingly, the judgment finding the County not liable for court costs in excess of its statutory limitation is affirmed.
Affirmed.
SCHWARTZ, Judge
(specially concurring).
Only because my dissenting views, to which I still adhere, did not prevail in Ber-ek, I concur in the decision of the court.
Cases With Similar Vibessemantic neighbors from the corpus
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Metro. Dade Cnty. v. Jonas Brill and Lorraine Mary Brill, 414 So. 2d 626 (Fla. 3d DCA 1982)…to be held liable for honest errors of judgment). On the cross-appeal we hold that plaintiff was not entitled to payment of costs under waiver of sovereign immunity statute where verdict exceeded the statutory recovery limit. Godoy v. Dade County, 410 So. 2d 1000 (Fla.3d DCA 1982); Berek v. Metropolitan Dade County, 396 So. 2d 756 (Fla.3d DCA 1981), petition for review granted, 6 F.L.W. 43 (Fla.Sup.Ct. Case No. 60,713, 1981).1 Affirmed. . Decisions in other jurisdictions conflict with Berek, supra and Godo…
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City OF Lake Worth v. Souheil Aziznakie Nicolas, 416 So. 2d 886 (Fla. 4th DCA 1982)…stion. The Third District held, with Judge Schwartz dissenting, that Section 768.28(5) limits a judgment to $50,000 regardless of its components. Berek v. Metropolitan Dade County, 396 So. 2d 756 (Fla. 3d DCA 1981), followed in Godoy v. Dade County, 410 So. 2d 1000 (Fla. 3d DCA 1982). The First and Second District Courts of Appeal held that the $50,-000 limitation on municipal liability does not apply to interest and costs. State Board of Regents v. Yant, 360 So. 2d 99 (Fla. 1st DCA 1978), cert. denied, 364 So…
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Eladio Godoy and Lesbia Godoy v. Dade Cnty. & John A. Braxton, Jr., 428 So. 2d 662 (Fla. 1983)…BOYD, Justice. We have for review a decision of the Third District Court of Appeal, Godoy v. Dade County, 410 So. 2d 1000 (Fla. 3d DCA 1982), which expressly and directly conflicts with State, Board of Regents v. Yant, 360 So. 2d 99 (Fla. 1st DCA), cert. denied, 364 So. 2d 892 (Fla.1978). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The issue in this case, co…
Authorities Cited
- Berek v. Metro. Dade Cnty., 396 So. 2d 756 (Fla. 3d DCA 1981)
- State v. Napolean Hosea Yant, 360 So. 2d 99 (Fla. 1st DCA 1978)