WILLIAM E. LEWIS, JR., APPELLANT,
v.
THUNDERBIRD MANOR, INC., A FLORIDA CORPORATION, APPELLEE
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William E. Lewis, Jr. appealed a foreclosure judgment entered against him for unpaid assessments to Thunderbird Manor, Inc. The appellate court affirmed the foreclosure but reversed parts of the cost award, finding certain costs (postage and some photocopies) were not taxable under Florida's cost guidelines.
The court affirmed the foreclosure judgment but reversed the taxation of $16.41 in postage costs and certain photocopy costs ($4.75, $3.50, $9.75, and potentially $2.75 and $31.25) that were not adequately documented or were not allowed under the guidelines. The case was remanded for entry of an amended judgment deducting the nontaxable costs.
[1] Postage is not a taxable cost under the Uniform Guidelines for Taxation of Costs.
[2] Photocopy costs are generally considered nonrecoverable office expenses unless they are for documents filed with the court or obtained in discovery and are reasonably nec…
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Join FLexlaw to unlock all legal intelligence“In re Amendments to Uniform Guidelines for Taxation of Costs, 915 So.2d 612, 616-17 (Fla.2005), does not list postage as a taxable cost.”
Establishes that postage is explicitly not a taxable cost under the Florida guidelines.
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Join FLexlaw to unlock all legal intelligenceThunderbird Manor, Inc., sued William E. Lewis, Jr. for unpaid assessments, resulting in a final judgment of foreclosure after a clerk's default. The …
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William E. Lewis, Jr., appeals a final judgment of foreclosure entered after a clerk’s default. Thunderbird Manor, Inc., sued him for unpaid assessments. We affirm the final judgment, in part, but write to address certain costs that Mr. Lewis challenges.
The trial court erred in awarding nontaxable costs of $16.41 for postage and $52 for photocopies. In re Amendments to Uniform Guidelines for Taxation of Costs, 915 So.2d 612, 616-17 (Fla.2005), does not list postage as a taxable cost. Therefore, we reverse the taxation of costs for postage.
Generally, copies, like postage, are part of the attorney’s nonrecoverable office expenses. Griffith v. Griffith, 941 So.2d 1285, 1286 (Fla. 4th DCA 2006) (citing Bolton v. Bolton, 412 So.2d 72, 73 (Fla. 2d DCA 1982); Mitchell v. Osceola Farms Co., 574 So.2d 1162 (Fla. 4th DCA 1991)); Robbins v. McGrath, 955 So.2d 638, 635 (Fla. 1st DCA 2007). The guidelines allow for taxation of copy costs for “documents filed with the court, which are reasonably necessary to assist the court in reaching a conclusion” and “costs of copies obtained in discovery.” Guidelines, 915 So.2d at 616. The September 10, 2008, cost of $4.75 for copies of pleadings sent with a letter to Mr. Lewis are not taxable. We cannot determine from the record that the remaining copy costs are taxable. Counsel’s affidavit provides no explanation for December 16, 2008, copy costs of $3.50 and February 27, 2009, copy costs of $9.75. The January 30, 2009, listing of $2.75 and the May 29, 2009, listing of $31.25 also are unannotated. We note that the affidavit *1183identifies attorney’s fees for those dates, but the affidavit suggests no nexus to the copy costs.
Thunderbird had the burden to show that all requested costs were taxable. See Guidelines, 915 So.2d at 616; Nasser v. Nasser, 975 So.2d 581, 532 (Fla. 4th DCA 2008). We reverse and remand for the trial court to deduct the amount taxed for postage and the amounts not taxable under the guidelines for copies and enter an amended judgment. See The Landmark Winter Park, LLC v. Colman, 24 So.3d 787, 788-89 (Fla. 5th DCA 2009). In all other respects, we affirm.
Affirmed in part, reversed in part, and remanded.
WHATLEY, J., and DAKAN, STEPHEN L., Associate Senior Judge, Concur.
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Citator
Cited By
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Trial Practices, Inc. v. Hahn Loeser & Parks, LLP, 228 So. 3d 1184 (Fla. 2d DCA 2017)…er service, and photocopies. TPI cites cases that stand for the proposition that such overhead expenses are nontaxable unless there is 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…
Authorities Cited
- In re Amendments to Uniform Guidelines for Taxation of Costs, 915 So. 2d 612 (Fla. 2005)
- Mitchell v. Osceola Farms Co., 574 So. 2d 1162 (Fla. 4th DCA 1991)
- Bolton v. Bolton, 412 So. 2d 72 (Fla. 2d DCA 1982)
- The Landmark Winter Park, LLC v. Colman, 24 So. 3d 787 (Fla. 5th DCA 2009)
- Griffith v. Griffith, 941 So. 2d 1285 (Fla. 4th DCA 2006)
- Smith v. State, 955 So. 2d 638 (Fla. 1st DCA 2007)