JAIME M. CACERES, M.D., APPELLANT,
v.
PHYSICIANS PROTECTIVE TRUST FUND, APPELLEE
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Dr. Caceres appeals a summary judgment in favor of Physicians Protective Trust Fund (PPTF) and an order awarding PPTF attorney's fees and costs. The appellate court affirmed the summary judgment but reversed the awards of attorney's fees and certain costs, finding them unauthorized and lacking utility.
The trial court correctly granted summary judgment in favor of PPTF and that judgment is affirmed. However, the court reversed the award of attorney's fees because no statute or party agreement authorized such fees. The court also reversed portions of the costs award, including depositions, witness fees, trial subpoenas, and photocopying costs, because these did not serve a useful purpose or were not properly taxable.
[1] Summary final judgment will be affirmed if the trial court did not err in granting it.
[2] Attorney's fees are not recoverable unless authorized by statute or agreement.
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Join FLexlaw to unlock all legal intelligence“attorney's fees were not authorized by statute or the parties' agreement”
Establishes the court's holding that attorney's fees cannot be awarded absent statutory authorization or contractual provision
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Join FLexlaw to unlock all legal intelligenceDr. Caceres was involved in litigation with PPTF. PPTF moved for summary judgment and prevailed at the trial court level. PPTF then sought recovery of…
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PER CURIAM.
Dr. Jaime M. Caceres appeals from a summary final judgment and an order taxing attorney’s fees and costs. Finding that the trial court did not err in granting summary final judgment in favor of Physicians Protective Trust Fund [PPTF], we affirm the judgment. Johnson v. Gulf Life Insurance Co., 429 So. 2d 744 (Fla. 3d DCA 1983); Knowles v. C.I.T. Corp., 346 So. 2d 1042 (Fla. 1st DCA 1977); MacDonald v. Penn Mutual Life Insurance Co., 276 So. 2d 232 (Fla. 2d DCA 1973); Scott-Steven Development Corp. v. Gables By The Sea, Inc., 167 So. 2d 763 (Fla. 3d DCA 1964), cert. denied, 174 So. 2d 32 (Fla.1965).
We reverse, however, the trial court’s order awarding PPTF attorney’s fees because attorney’s fees were not authorized by statute or the parties’ agreement. Keys Lobster, Inc. v. Ocean Divers, Inc., 468 So. 2d 360 (Fla. 3d DCA 1985); Estate of Hampton v. Fairchild-Florida Construction Co., 341 So. 2d 759 (Fla.1977); Dickson v. Feiner’s Organization, Inc., 200 So. 2d 269 (Fla. 4th DCA), cert. denied, 207 So. 2d 455 (Fla.1967). See generally Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985).
We turn now to the award of costs. It is axiomatic that keeping the costs of litigation within reasonable bounds is essential to the proper administration of justice. Loftin v. Anderson, 66 So. 2d 470 (Fla.1953); Travis v. Blackmon, 155 So. 2d 698 (Fla. 1st DCA 1963).
Costs of discovery are taxable only if the information discovered serves a useful purpose. Cohn v. Florida National Bank at Orlando, 223 So. 2d 767 (Fla. 4th DCA 1969); see Travis. The depositions and response to the request for production were not relied on by PPTF in its motion for summary judgment, and thus, served no useful purpose in determining the issue before the trial court. Fees and trial subpoenas for a witness who has not attended court to testify may not be taxed as costs. KMS of Florida Corp. v. Magna Properties, Inc., 464 So. 2d 234 (Fla. 5th DCA 1985).
For these reasons, we find that the trial court abused its discretion in awarding PPTF costs for depositions, Travis; see Cohn, witness fees, KMS; Cohn, trial subpoenas, KMS; Cohn, and photocopying documents to comply with the request for production, see Loftin. We therefore reverse that portion of the award attributable to these costs and remand for the trial court to determine the correct amount of costs to be taxed against the appellant.
Affirmed in part; reversed in part and remanded with directions.
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King v. Nat'l Sec. Fire & Cas. Co. & GAB Bus. Servs., Inc., 656 So. 2d 1338 (Fla. 4th DCA 1995)…s-appellant in its motion for summary judgment and served no useful purpose in determining the issue before the trial court. See Coastal Petroleum Co. v. Mobil Oil Corp., 583 So. 2d 1022, 1025 n. 1 (Fla.1991); Caceres v. Physicians Protective Trust, 489 So. 2d 869 (Fla. 3d DCA 1986). Appellee/cross-appel-lant also takes issue with the trial court’s denial of its costs related to the expense of document production which the trial court deemed irrelevant to the summary judgment. We likewise affirm the trial cou…
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Martin v. Marlin, 528 So. 2d 943 (Fla. 3d DCA 1988)…securing the summary judgment in their favor, save for the costs of the three depositions taken by the defendants which were, in part, relied on by the defendants in their motion for summary judgment. See Caceres v. Physicians Protective Trust Fund, 489 So. 2d 869 (Fla. 3d DCA 1986); Vogel v. Allen, [*944] 443 So. 2d 368 (Fla. 5th DCA 1983); Crane v. Stulz, 136 So. 2d 238 (Fla. 2d DCA 1962). The order taxing costs under review is reversed, and the cause is remanded to the trial court with directions to tax…
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Eve J. Siebert v. City OF Vero Beach, 555 So. 2d 983 (Fla. 4th DCA 1990)…inal judgment for taxation of costs against appellant. We reverse as to the cost of the appraisal. See Statewide Uniform Guidelines for Taxation of Costs in Civil Actions § 2; § 92.231, Fla. Stat. (1987); Caceres v. Physicians Protective Trust Fund, 489 So. 2d 869 (Fla. 3d DCA 1986); KMS of Florida Corp. v. Magna Properties, Inc., 464 So. 2d 234 (Fla. 5th DCA 1985). However, as to the costs of depositions, while the guidelines place the burden of proving need upon the party incurring costs for depositions n…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (16 total)
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Sarron v. Barbel I. Sarron, 429 So. 2d 744 (Fla. 3d DCA 1983)
- Est. of Eunice G. Hampton v. Fairchild-Florida Constr. Co., 341 So. 2d 759 (Fla. 1976)
- Knowles v. C. I. T. Corp., 346 So. 2d 1042 (Fla. 1st DCA 1977)
- Loftin v. Anderson, 66 So. 2d 470 (Fla. 1953)
- Keys Lobster, Inc. v. Ocean Divers, Inc., 468 So. 2d 360 (Fla. 3d DCA 1985)
- Cohn v. Fla. Nat'l Bank AT Orlando, 223 So. 2d 767 (Fla. 4th DCA 1969)
- MacDONALD v. The Penn Mut. Life Ins. Co., 276 So. 2d 232 (Fla. 2d DCA 1973)
- KMS OF Fla. Corp. v. Magna Props., Inc., 464 So. 2d 234 (Fla. 5th DCA 1985)
- Scott-Steven Dev. Corp., Inc. v. Gables BY THE SEA, Inc., 167 So. 2d 763 (Fla. 3d DCA 1964)