JOSEPH A. WAITE, APPELLANT,
v.
PAUL HEWITT, SANDRA HEWITT AND CECIL & BRUCE TRUCK EQUIPMENT, INC., APPELLEES
JOSEPH A. WAITE, APPELLANT,
PAUL HEWITT, SANDRA HEWITT AND CECIL & BRUCE TRUCK EQUIPMENT, INC., APPELLEES
451 So. 2d 528
Florida District Court of Appeal, Third District (1984)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse the judgment taxing costs, namely, the fees of an accountant appointed by the court as a special master, upon a holding that such costs were taxed against the appellant, Waite, in derogation of his constitutionally guaranteed opportunity to be heard upon proper notice and without the submission of evidence in support thereof. See Neimark v. Abramson, 403 So. 2d 1057 (Fla. 3d DCA 1981); Posner v. Flink, 393 So. 2d 1140 (Fla.3d DCA 1981).
Reversed and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Staff v. Trafalgar Developers OF Fla., Inc., 518 So. 2d 981 (Fla. 2d DCA 1988)…, 500 So. 2d 745 (Fla. 2d DCA 1987). Also, it is improper for a trial court to assess court costs without notice and opportunity for a hearing where, as here, the request for costs is presented after the conclusion of the trial. See Waite v. Hewitt, 451 So. 2d 528 (Fla. 3d DCA 1984). Additionally, since the supreme court ruling in Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985), it is essential that the trial court determine the reasonableness of the assessment of attorney’s fees again…
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Novartis Pharms. Corp. v. Carnoto, 837 So. 2d 1127 (Fla. 4th DCA 2003)…ees and costs. Appellant also argues that the hearing held by the trial court was not a full evidentiary hearing to which it is entitled. On the record before us, we conclude that appellant has demonstrated grounds for reversal. See Waite v. Hewitt, 451 So. 2d 528 (Fla. 3d DCA 1984). Cf. Am. Indem. Co. v. Comeau, 419 So. 2d 670 (Fla. 5th DCA 1982); Posner v. Flink, 393 So. 2d 1140 (Fla. 3d DCA), rev. denied, 402 So. 2d 612 (Fla.1981). [*1130] Accordingly, we reverse and remand for an evidentiary hearing in th…
Authorities Cited
- Rodriguez v. State, 393 So. 2d 1140 (Fla. 3d DCA 1981)
- Neimark v. John H. Abramson & Lani Abramson, 403 So. 2d 1057 (Fla. 3d DCA 1981)
- Posner v. Flink, 393 So. 2d 1140 (Fla. 3d DCA 1981)