MARIANO SOLE, ET AL., APPELLANTS,
v.
MALCOLM LEWIS KNEALE, APPELLEE
MARIANO SOLE, ET AL., APPELLANTS,
MALCOLM LEWIS KNEALE, APPELLEE
629 So. 2d 999
Florida District Court of Appeal, Third District (1993)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellants Sole and Pintado appeal a final order directing them to pay special master’s fees. We reverse.
There is no substantive basis for holding the attorney of record personally liable for costs in the absence of authorization by a contract or statute, Israel v. Lee, 470 So. 2d 861 (Fla. 2d DCA 1985), or other than as a sanction for wrongdoing. Harrison v. State, 519 So. 2d 72 (Fla. 5th DCA 1988). See 7A C.J.S. Attorney & Client, § 138 (1980) (In the absence of misconduct or of a statute or rule of court providing otherwise, an attorney is not liable for the costs of suit unless he has agreed to become liable). Because none of these circumstances were present, we reverse.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bauer v. Philip R. Hardy, M.D. & Philip R. Hardy, M.D., P.A., 651 So. 2d 748 (Fla. 1st DCA 1995)…attorney in contempt. He was not a party to the action, thus was not required to pay the cost. See Fla.R.Civ.P. 1.720(g) (“Where appropriate, each party shall pay a proportionate share of the total charges of the mediator”). See also Sole v. Kneale, 629 So. 2d 999 (Fla. 3d DCA 1993) (“There is no substantive basis for holding the attorney of record personally responsible for costs in the absence of authorization by a contract or statute ... or other than as a sanction for wrongdoing”); and 12 Fla.Jur.2d “Cost…
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Novartis Pharms. Corp. v. Carnoto, 837 So. 2d 1127 (Fla. 4th DCA 2003)…ize funds in a trust to pay her fees and costs to date. The second order is sufficiently final in nature to be treated by this court as an appealable, final order, making the earlier order reviewable as part of that final appeal. See Sole v. Kneale, 629 So. 2d 999 (Fla. 3d DCA 1993). We find that petitioner has not demonstrated jurisdictional grounds for certiorari or mandamus, but we sua sponte redes-ignate this cause as a final appeal pursuant to Florida Rule of Appellate Procedure 9.040(c). See also Kobaya…
Authorities Cited
- Israel v. Dayle T. LEE, 470 So. 2d 861 (Fla. 2d DCA 1985)
- Harrison v. State, 519 So. 2d 72 (Fla. 5th DCA 1988)