PATRICIA T. BOLTON, APPELLANT,
v.
G. ROBERT BOLTON, APPELLEE
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Patricia Bolton appeals from a final judgment of dissolution of marriage and related orders. The court addresses issues regarding attorney's fees and costs awards from a dismissed action, reduces certain improperly taxed costs, strikes an overbroad restriction on overnight male guests, and affirms a contempt judgment.
Attorney's fees may be awarded despite voluntary dismissal of a dissolution action; certain cost items (office copying expenses, postage for discovery documents, and deposition copies) are not recoverable as costs and should be struck; the prohibition on any male staying overnight is overbroad as written and violates the mother's privacy rights; and the contempt judgment is affirmed.
[1] A court's jurisdiction to award attorney's fees in a dissolution action survives a stipulation for dismissal of that action.
[2] Office expenses of counsel are not recoverable as taxable costs.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“While attorney's fees are not generally recoverable as part of the taxable costs for taking a voluntary dismissal, Campbell v. Maze, 339 So. 2d 202 (Fla.1976), we have held that the court's jurisdiction to award such fees survives a stipulation for dismissal of a dissolution action.”
Establishes that attorney's fees may be awarded in dissolution actions even with voluntary dismissal, distinguishing them from other recoverable costs.
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Join FLexlaw to unlock all legal intelligencePatricia Bolton initially filed a dissolution action against G. Robert Bolton but voluntarily dismissed it. The lower court awarded appellee $717.35 i…
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RYDER, Judge.
Patricia Bolton appeals from the terms of a final judgment of dissolution of marriage and subsequent orders entered thereon. We deem it necessary to address several aspects of the orders entered below.
Appellant initially filed a dissolution action against appellee, but terminated that action by filing a notice of voluntary dismissal. On motion of appellee, the lower court taxed costs of $717.35 against appellant for the dismissed action, and directed appellant to pay $2,000.00 of appellee’s attorney’s fees incurred in defending the action. While attorney’s fees are not generally recoverable as part of the taxable costs for taking a voluntary dismissal, Campbell v. Maze, 339 So. 2d 202 (Fla.1976), we have held that the court’s jurisdiction to award such fees survives a stipulation for dismissal of a dissolution action. Hadlock v. Hadlock, 137 So. 2d 873 (Fla. 2d DCA 1962). See Knott v. Knott, 395 So. 2d 1196 (Fla. 3d DCA 1981). We thus affirm the award of attorney’s fees in Case No. 81-968.
Appellant challenges the award of costs to appellee in Case No. 81-968 of $118.00 for xeroxing and $3.85 postage for documents furnished to her pursuant to discovery, and of $57.00 for a copy of a deposition not used at trial. The office expenses of counsel for appellee are not recoverable as costs. Seigler 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. 81-968 is hereby reduced to $538.50.
Following dismissal of the action above, appellee filed a dissolution action which was prosecuted to final judgment in Case No. 81-364. The final judgment provided, in part, that appellant was to have temporary custody of the parties’ two minor children for a period of one year, premised on the condition that:
No member of the opposite sex stay in the home of respondent overnight and that they not be exposed in any way to Mr. James L. McGowan. Neither the petitioner nor respondent, during the period of temporary custody, shall expose the children to members of the opposite sex with whom they are dating.
We strike that part of the order prohibiting any male to stay overnight at appellant’s home as overbroad. As drawn, the prohibition would not permit even a male relative to be a guest of appellant. The private lives of the children and mother may not be so regulated. Trylko v. Trylko, 392 So. 2d 1034 (Fla. 2d DCA), cert. dismissed, 399 So. 2d 1147 (Fla.1981); Wambst v. Wambst, 391 So. 2d 375 (Fla. 3d DCA 1980). We otherwise affirm the final judgment in Case No. 81-364.
The judgment of contempt entered against appellant in Case No. 81-967 is affirmed.
SCHEB, C. J., and HOBSON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mitchell v. Osceola Farms Co., 574 So. 2d 1162 (Fla. 4th DCA 1991)…*1163] As listed, the photocopy, postage, long distance calls, travel expenses and courier service appear to be office expenses and should not have been taxed as costs. See Vogel v. Allen, 443 So. 2d 368 (Fla. 5th DCA 1983) (citing Bolton v. Bolton, 412 So. 2d 72, 73 (Fla. 2d DCA 1982). Even if counsel traveled to attend depositions, we note that section 3 of the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions (Guidelines) precludes travel expenses for an attorney to take a deposition. An…
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Durie v. Hanson, 691 So. 2d 485 (Fla. 5th DCA 1997)…ntary dismissals as the clear result of the type of ‘mistake, inadvertence or excusable neglect’ contemplated by Rule 1.540(b)”) (quoting Shampaine Indus. Inc. v. South Broward Hosp. Dist., 411 So. 2d 364, 367 (Fla. 4th DCA 1982)); Bolton v. Bolton, 412 So. 2d 72, 73 (Fla. 2d DCA 1982) (holding that in a dissolution proceeding, the trial court retains jurisdiction to award attorney’s fees even after the filing of a notice of voluntary dismissal); Select Builders of Fla., Inc. v. Wong, 367 So. 2d 1089, 1091 (…
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Wiggins v. Wiggins, 417 So. 2d 691 (Fla. 2d DCA 1982)…rtion of the opinion relating to attorney’s fees was not necessary to the decision in that case and recent cases arising, like the case sub judlce, in the context of marriage dissolution have adopted a more equitable solution. In Bolton v. Bolton, 412 So. 2d 72 (Fla. 2d DCA, 1982), we held squarely that in a dissolution proceeding the trial court [*692] retains jurisdiction to award attorney’s fees even after the filing of a notice of voluntary dismissal. See Irwin v. Marko, 408 So. 2d 677 (Fla. 5th DCA 19…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (11 total)
- Florida Greyhound Lines v. Jones, 60 So. 2d 396 (Fla. 1952)
- Allie William Campbell v. Maze, 339 So. 2d 202 (Fla. 1976)
- Knott v. Knott, 395 So. 2d 1196 (Fla. 3d DCA 1981)
- Hadlock v. Hadlock, 137 So. 2d 873 (Fla. 2d DCA 1962)
- Prof'l Computer Mgmt., Inc. v. Tampa Wholesale Liquor Co., Inc., 374 So. 2d 626 (Fla. 2d DCA 1979)
- Paul v. Allstate Ins. Co., 380 So. 2d 1307 (Fla. 2d DCA 1980)
- Marilynn Trylko v. Trylko, 392 So. 2d 1034 (Fla. 2d DCA 1981)
- Seigler v. The Gen. Leisure Corp. & St. Paul Fire & Marine Ins. Co., 289 So. 2d 429 (Fla. 1st DCA 1974)
- Wambst v. Wambst, 391 So. 2d 375 (Fla. 3d DCA 1980)
- Tele-Media Co. OF KEY W. v. Monroe Cnty., 391 So. 2d 375 (Fla. 3d DCA 1980)