MARJORIE R. MARTIN, INDIVIDUALLY, AND HENRY SPIEGEL, ANNE SPIEGEL AND THE DIANE BIRMAND IRREVOCABLE TRUST, AS GENERAL PARTNERS OF NOTTINGHAM ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP, INDIVIDUALLY, AND AS REPRESENTATIVES OF ALL SIMILARLY SITUATED SHAREHOLDERS OF CITY NATIONAL BANK CORPORATION, APPELLANTS,
v.
ROBERT M. MARLIN AND JACK D. BURSTEIN, APPELLEES
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The appellate court reversed a trial court's cost award against plaintiffs, holding that only deposition costs actually used in securing summary judgment are taxable, not photocopying, hearing transcripts, or unused depositions.
Only costs for depositions actually relied upon by the prevailing party in obtaining summary judgment are taxable; photocopying, hearing transcripts, and unused depositions are not.
[1] Costs for photocopying, pretrial hearing transcripts, and deposition transcripts are not taxable unless they served a useful purpose for the prevailing party in securing…
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Join FLexlaw to unlock all legal intelligencePlaintiffs appealed an order awarding $5,981.19 in costs against them following an adverse summary judgment. The costs included $2,500 for photocopyin…
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PER CURIAM.
This is an appeal by the plaintiffs from an order awarding costs against them in the amount of $5,981.19 subsequent to the entry of an adverse final summary judgment. We agree entirely with the plaintiffs that the trial court abused its discretion in taxing as costs (1) $2,500 for photocopying expenses, and (2) $600 for transcripts of pretrial hearings, because it is plain on this record that neither of these items served a useful purpose for the defendants in securing the summary judgment in their favor. We further agree with the plaintiffs that the trial court abused its discretion in taxing as costs the nearly $3,000 for deposition transcripts because these items also served no useful purpose for the defendants in 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, 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 as costs only the above-stated three depositions which were relied on by the defendants in their motion for summary judgment.
Reversed and remanded.
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Schnier v. Barnett Bank OF S. Fla., N.A., 595 So. 2d 143 (Fla. 3d DCA 1992)…ly differ to the existence of material fact or inference, directed verdict should be granted) (citations omitted). On the cross-appeal, the trial court was correct in denying costs for the depositions not used at trial. See, e.g., Martin v. Marlin, 528 So. 2d 943 (Fla. 3d DCA 1988) (depositions not used in furtherance of summary judgment should not be taxed as costs); Caceres v. Physicians Protective Trust Fund, 489 So. 2d 869 (Fla. 3d DCA 1986) (fees and trial subpoenas for witnesses who had not attended co…
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James G. DOW & Nancy Dow v. McKINLEY, 776 So. 2d 1017 (Fla. 5th DCA 2001)…1999)(“there was no evidence that the daily or expedited [trial] transcripts were used at trial, nor did the court make any finding at all regarding the necessity of the expedited transcripts. We therefore reverse this award”); cf. Martin v. Marlin, 528 So. 2d 943 (Fla. 3d DCA 1988)(abuse of discretion to tax costs for transcripts absent evidence that item served useful purpose). REVERSED and REMANDED for proceedings consistent with this opinion. GRIFFIN and PALMER3, JJ., concur. . We also note for the ben…
Authorities Cited
- Crane v. Stulz, 136 So. 2d 238 (Fla. 2d DCA 1961)
- Alejandrina Rodriguez v. Orange, 443 So. 2d 368 (Fla. 5th DCA 1983)
- Jaime M. Caceres, M.D. v. Physicians Protective Tr. Fund, 489 So. 2d 869 (Fla. 3d DCA 1986)