EVE J. SIEBERT, A WIDOW; ELINOR BOYE ELARBEE; F.C. RACH AND JANIS M. RACH, HIS WIFE; MARION I. WILGER; ELAINE I. HEILE; ROBERT N. HATFIELD, JR.; BARBARA G. WAGGAMAN, A WIDOW; ELIZABETH T. SCHENCK, A WIDOW; LUTHER M. COREY AND CALLIE G. COREY, HIS WIFE; KAY R. LARSEN; MARY R. LARSEN; WILLARD W. SIEBERT, JR., AND KATHERINE P. SIEBERT, HIS WIFE; AND R.N.H.-VERO BEACH, INC., A GEORGIA CORPORATION, APPELLANTS,
v.
CITY OF VERO BEACH, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
At issue is the final 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 not used, the appellate record is the responsibility of appellant. We have no transcript of the hearing on the motion to tax costs and cannot determine what the trial court was presented. Accordingly, we affirm as to the costs of depositions.
GLICKSTEIN, STONE, JJ., and MUSSELMAN, JACK, Associate Judge, concur.
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Hyster Co. v. Stephens, 560 So. 2d 1334 (Fla. 1st DCA 1990)…evidence the trial court considered in arriving at its award of costs. Finding that appellant has not demonstrated that the trial court abused its discretion in the award of costs, we affirm on this point as well. See, Siebert v. City of Vero Beach, 555 So. 2d 983 (Fla. 4th DCA 1990). Hyster’s remaining points concern various evidentiary rulings of the trial court and are found to be without merit. The admission of evidence is a matter within the sound judicial discretion of the trial judge, whose decision i…
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Seabrooks v. Winn Dixie Stores, Inc., 745 So. 2d 1039 (Fla. 1st DCA 1999)…trial testimony. As to the other disputed items of costs, Appellants fail to show that the trial court abused its discretion, and we therefore affirm. Hyster Co. v. Stephens, 560 So. 2d 1334, 1337 (Fla. 1st DCA)(citing Siebert v. City of Vero Beach, 555 So. 2d 983 (Fla. 4th DCA 1990)), rev. denied, 574 So. 2d 141 (Fla.1990). AFFIRMED in part, REVERSED in part, and REMANDED. BOOTH and BENTON, JJ., and SMITH, LARRY G., Senior Judge, CONCUR.…
Authorities Cited
- KMS OF Fla. Corp. v. Magna Props., Inc., 464 So. 2d 234 (Fla. 5th DCA 1985)
- Jaime M. Caceres, M.D. v. Physicians Protective Tr. Fund, 489 So. 2d 869 (Fla. 3d DCA 1986)