FLOPRO, LLC
v.
EOX TECHNOLOGY SOLUTIONS, INC.

Fla. 4th DCA | 2023-11-01
No. 2023-0001
375 So. 3d 904 Florida District Court of Appeal, Fourth District (2023) Positive Treatment
Cited by 1 case

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Synopsis

The appellate court reviewed a trial court's award of attorney's fees and costs. While affirming most of the award, the court reversed a portion of the costs because they included items not recoverable under state guidelines and case law.


Holding

No, costs for computer-assisted legal research, postage, meals, mileage, and parking are not recoverable as taxable costs. Therefore, the trial court's award of these specific costs was improper.


Headnotes

[1] Computer-assisted legal research is not recoverable as a taxable cost.

[2] Postage is not recoverable as a taxable cost because it is an office expense.

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Key Quotes

“Computer-assisted legal research is not recoverable as a taxable cost.”

Establishes that research costs are not recoverable.

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Facts & Procedural History

Following a jury verdict in EOX's favor, EOX sought $21,098.51 in costs, including expenses for research, postage, meals, mileage, and parking. The tr…

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Opinion of the Court

FORST, J.

Appellant FLOPRO, LLC challenges the trial court’s attorney’s fees and costs judgment entered in favor of Appellee EOX Technology Solutions, Inc. (“EOX”). We reverse and remand the cost award because it includes some costs not recoverable under the Statewide Uniform Guidelines for Taxation of Costs and applicable caselaw. We affirm without discussion on all other costs determinations and issues raised in the instant appeal.

Background

Following a jury verdict in EOX’s favor, EOX moved for attorney’s fees and costs. EOX’s motion sought $21,098.51 in total costs, and—per a table located within the motion—EOX sought $194.27 for Westlaw/research, $82.77 for postage, $248.76 for meals, $258.97 for mileage, and $270.70 for parking.

Following an evidentiary hearing, the trial court awarded $28,598.51 for costs to EOX. The trial court specified that $7,500.00 was for EOX’s expert fee, but the trial court did not break down the remaining $21,098.51 in its fees and costs judgment. This timely appeal follows.

Analysis and Conclusion

While the trial court did not itemize the remaining $21,098.51 figure, the record allows us to ascertain the breakdown. See Kirkland v. Thurmond, 519 So. 2d 717, 718 (Fla. 1st DCA 1988) (reversal was not required for cost order’s failure to itemize certain costs awarded where appellate court “encountered no difficulty in determining from the record which items and amounts were allowed”). Based on our review, we determine that several of these costs are not recoverable and should be removed from the total cost award.

Computer-assisted legal research is not recoverable as a taxable cost. Wood v. Panton & Co. Realty, Inc., 950 So. 2d 534, 535 (Fla. 4th DCA 2007). Nor is postage, which is an office expense. Mitchell v. Osceola Farms Co., 574 So. 2d 1162, 1163 (Fla. 4th DCA 1991). Parking, mileage, and meals should also be deducted from the cost award. Landmark Winter Park, LLC v. Colman, 24 So. 3d 787, 789 (Fla. 5th DCA 2009).

Because the record reflects that the trial court improperly awarded nontaxable costs to EOX in the amounts of $194.27 for computer-assisted legal research, $82.77 for postage, $248.76 for meals, $258.97 for mileage, and $270.70 for parking, we reverse these costs and remand for the trial court to enter an amended judgment removing these costs. We affirm on all other costs and issues.

Affirmed in part, reversed in part, and remanded with instructions.

WARNER and MAY, JJ., concur.


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