THE LANDMARK WINTER PARK, LLC, APPELLANT,
v.
THOMAS COLMAN AND GAIL COLMAN, APPELLEE
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The Landmark Winter Park, LLC appealed a judgment awarding attorney's fees, paralegal's fees, and costs to buyers Thomas and Gail Colman in a real estate transaction dispute. The appellate court affirmed the awards of attorney's fees and paralegal's fees but remanded for reconsideration of certain cost awards that constituted non-taxable overhead expenses.
The appellate court affirmed the awards of attorney's fees and paralegal's fees as no abuse of discretion occurred. However, the court held that certain overhead costs—postage, online research, facsimile charges, courier services, photocopies (except trial exhibit copies), scanning documents, and trial supplies—were not properly taxable under established case law. The court remanded for the trial court to enter an amended judgment deducting these improper overhead costs.
[1] Overhead costs such as postage, online research, facsimile charges, courier services, scanning documents, and trial supplies are generally not taxable as costs.
[2] The prevailing party bears the burden of demonstrating that all requested costs were reasonably necessary for the prosecution or defense of the action.
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Join FLexlaw to unlock all legal intelligence“It was the Buyers' burden to show that all requested costs were reasonably necessary either to defend or prosecute the case at the time the action precipitating the cost was taken.”
Establishes the burden of proof for the prevailing party to justify cost awards as reasonably necessary to the litigation.
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Join FLexlaw to unlock all legal intelligenceThe Buyers prevailed in a real estate transaction dispute against the Seller. The trial court awarded attorney's fees, paralegal's fees, and various c…
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This is an appeal from a final judgment awarding attorney’s fees, paralegal’s fees and costs to Thomas Colman and Gail Col-man (Buyers), and against The Landmark Winter Park, LLC (Seller). We find no abuse of discretion by the trial court with respect to the award of attorney’s fees and paralegal’s fees and affirm as to those awards. See Hinkley v. Gould, Cooksey, Fennell, O’Neill, Marine, Carter & Hafner, P.A., 971 So.2d 955 (Fla. 5th DCA 2007). We remand the judgment, however, as it concerns the award of costs.
The Statewide Uniform Guidelines For Taxation of Costs in Civil Actions expressly states that the Guidelines are advisory only and that the taxation of costs in any particular proceeding is within the broad discretion of the trial court. However, appellate courts have consistently held that certain costs and expenses are not taxable because they are considered overhead. See In re Amendments to Uniform Guidelines for Taxation of Costs, 915 So.2d 612 (Fla.2005); Robbins v. McGrath, 955 So.2d 633 (Fla. 1st DCA 2007); compare Weeks v. Golden, 846 So.2d 1247 (Fla. 1st DCA 2003) (finding that the general rule as to treating postage, envelopes and copying as overhead and not taxable as costs did not apply where the prevailing party was incarcerated and representing himself; thus, the cost of such items was not a normal incident of the litigant’s business overhead and more likely were incurred specifically for the purposes of the litigation); Noel v. Broward Gen. Med. Ctr., 725 So.2d 438 (Fla. 4th DCA 1999) (finding that the trial court was within its broad discretion to tax those items used neither at trial nor to support a motion for summary judgment if the court concluded that the taking of such depositions was “reasonably necessary,” and where the appellants failed to identify the specific costs they claimed were not reasonable or necessary).
It was the Buyers’ burden to show that all requested costs were reasonably necessary either to defend or prose*789cute the case at the time the action precipitating the cost was taken. In re Amendments to Uniform Guidelines for Taxation of Costs, 915 So.2d at 616; see also Ocean Club Cmty. Ass’n, Inc. v. Curtis, 935 So.2d 513 (Fla. 3d DCA 2006). The Buyers offered no testimony as to why the costs requested should not be treated as overhead and taxed to Seller contrary to the established case law.
We conclude it was improper for the trial court to tax the following overhead costs to the Seller: postage, online research, facsimile charges, courier services, photocopies, scanning documents and trial supplies. Although the Seller contested costs billed to the clients for parking, overtime paralegal work, after-hours heating and air conditioning, mileage, meals and long distance phone calls, it appears these charges were deducted from the amount requested in the attorney’s fee affidavit and were not part of the final award. If not, on remand, these costs should be deducted. The trial court, however, did not abuse its discretion by taxing Seller for the court reporter’s fees for the depositions not used at trial in light of the fact that the Guidelines expressly state that the court reporter’s per diem for all depositions can be taxed. Additionally, the cost of photocopies for the trial exhibits is taxable under the Guidelines. See Vogel v. Allen, 443 So.2d 368 (Fla. 5th DCA 1983) (holding that photo copies were part of normal office expenses of counsel and were not recoverable, except for a copy of the city map of Bunnell as it may have been relevant demonstrative evidence).
We affirm the award of attorney’s fees and paralegal’s fees. We remand for the trial judge to reconsider the award of costs. We are unable to determine from the record the precise amount of the items which should not have been taxed. The trial court should deduct the amount of any costs taxed for postage, online research, facsimile charges, courier services, photocopies, scanning documents and trial supplies, as well as parking, overtime paralegal work, after-hours heating and air conditioning, mileage, meals and long distance phone calls, if not already deducted, and enter an amended judgment.
AFFIRMED IN PART; REMANDED FOR ENTRY OF AMENDED JUDGMENT.
SAWAYA and ORFINGER, JJ., concur.
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Winter Park Imports, Inc. v. JM Fam. Enters., Inc., 77 So. 3d 227 (Fla. 5th DCA 2011)…s.) On a motion to tax costs, it is the movant’s burden to show that the requested costs were reasonably necessary either to defend or prosecute the case at the time the action precipitating the costs was taken. Landmark Winter Park, LLC v. Colman, 24 So. 3d 787, 788-89 (Fla. 5th DCA 2009). The Florida Supreme Court has adopted the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions (the Guidelines) to assist courts in determining the type of costs that should (or should not) be awarded to a…
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The Field Club, Inc. v. Alario, 180 So. 3d 1138 (Fla. 2d DCA 2015)…t trial.2 The Guidelines do not provide for the taxation of these costs, and “appellate courts have consistently held that certain [*1141] costs and expenses are not taxable because they are considered overhead.” Landmark Winter Park, LLC v. Colman, 24 So. 3d 787, 788 (Fla. 5th DCA 2009). The costs at issue here are overhead, and therefore we conclude that the court erred in taxing them. See id. at 789 (reversing taxation of overhead costs, including “postage, online research, facsimile charges, courier serv…
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Trial Practices, Inc. v. Hahn Loeser & Parks, LLP, 228 So. 3d 1184 (Fla. 2d DCA 2017)…evidence that they are reasonably necessary to prosecute or defend the case. See Lewis v. Thunderbird Manor, Inc., 60 So. 3d 1182, 1182 (Fla. 2d DCA 2011); Bolton v. Bolton, 412 So. 2d 72, 73 (Fla. 2d DCA 1982); Landmark Winter Park, LLC v. Colman, 24 So. 3d 787, 789 (Fla. 5th DCA 2009). However, courts have acknowledged that a party may recover overhead expenses as part of a cost award where a contract between the parties permits such an award. See In re Amendments to Unif. Guidelines for Taxation of Costs…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In re Amendments to Uniform Guidelines for Taxation of Costs, 915 So. 2d 612 (Fla. 2005)
- Ocean Club Cmty. Ass'n, Inc. v. Curtis, 935 So. 2d 513 (Fla. 3d DCA 2006)
- Hinkley v. Gould, 971 So. 2d 955 (Fla. 5th DCA 2007)
- Alejandrina Rodriguez v. Orange, 443 So. 2d 368 (Fla. 5th DCA 1983)
- Robbins v. McGRATH, 955 So. 2d 633 (Fla. 1st DCA 2007)
- Weeks v. Golden, 846 So. 2d 1247 (Fla. 1st DCA 2003)
- Minouche Noel v. Broward Gen. Med. Ctr., 725 So. 2d 438 (Fla. 4th DCA 1999)